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2019 Supreme(Kar) 1675

SREENIVAS HARISH KUMAR
P. Damodara Raju S/o. P. Gunnaiah Raju – Appellant
Versus
R. S. Parameshwari W/o. Late Sarvanan – Respondent


Advocates Appeared:
For the Appellant :Sri. Hedge V.S., Advocate.
For the Respondent:Sri. Prakash T. Hebbar, Advocate.

JUDGMENT :

The defendant in O.S.2590/2012 on the file of City Civil Judge, Bengaluru, is the appellant. The respondent being the plaintiff in the suit sought ejectment of the defendant from property bearing house list katha No.1024, Premises No.1 in Sy.No.41 of Banaswadi Village, K.R.Puram Hobli, Bengaluru East Taluk, measuring East-West 40’ and North-South 48.5’ (referred to as ‘plaint schedule property’ hereafter).

2. The pleading put forward by the plaintiff is that she being the absolute owner of the plaint schedule property leased it to the defendant in the year 1990 on an oral lease between them. The defendant is running a business in the hardware items under the name and style of ‘R.R. Steels Agency’. It was a monthly tenancy on a rent of Rs.3,000/- p.m. There was periodical enhancement in the rent. On the date of the suit, the defendant was paying Rs.9,900/- per month. After the death of the plaintiff’s husband, she found it difficult to lead life and wanted to have a business set up for her son and therefore requested the defendant to vacate the plaint schedule property. The defendant did not heed to her request. She approached a free legal aid service centre called “Shree S

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