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2019 Supreme(Kar) 1420

H.P.SANDESH
Palaniyamma W/o Pathadorai – Appellant
Versus
Subbalakshmi W/o R. Ashok Kumar – Respondent


Advocates Appeared:
For the Appellant : Sri. Venkoba Rao A., Adv. and Sri. L.S. Chikkanagowda, Adv.
For the Respondent: Sri. Younous Ali Khan, Adv.

JUDGMENT :

This appeal is filed challenging the judgment and decree of dismissal of suit bearing O.S.No.1767/2010 dated 6.9.2013 on the file of the III Addl. City Civil & Sessions Judge, Bangalore City (CCH-25).

2. For the sake of convenience, the parties are referred to as per their ranking before the Court below.

3. Brief facts of the case:

    The plaintiff has filed the said suit before the Court below contending that the defendant was a tenant under one Smt. Chinnamma in the suit schedule property on a monthly rent of Rs.4,000/- excluding the electricity charges and she became her tenant by attornment, after she became the owner of the property by virtue of the sale deed dated 21.8.2008 executed by Smt. Chinnamma in her favour. The defendant became chornic defaulter and never paid the rent to her since the date of attornment and thereby became liable to pay the rental arrears of Rs.72,000/- till 20.2.2010. The plaintiff also issued termination notice dated 18.1.2010 demanding the arrears of rent also. But the defendant did not comply the terms of the notice even after its service. Hence, she was constrained to file this suit.

4. In pursuance of the suit summons, the defendant appeared

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