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2020 Supreme(Kar) 2164

N.K.SUDHINDRA RAO
Surendra Kumar Jain – Appellant
Versus
S A Subramanya – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Sri. M N Bhat, Advocate
For the Respondent:Smt. Rajeshwari Devi C, Advocate(Absent)

JUDGMENT :

Counsel for respondent/defendant absent. The matter is listed for final hearing and of the year 2012 and the same is taken up for final disposal after hearing the learned counsel for appellant.

2. Appeal is directed against the judgment and decree dated 19-03-2012 passed in O.S.No.2482/2007 by the learned XLIV Additional City Civil and Session Judge, Bangalore, wherein the suit of the plaintiff came to be dismissed with costs. Being aggrieved by the same, plaintiff has come in appeal.

3. In order to avoid confusion and overlapping, the parties herein are referred to in accordance with their rankings as held by them before the trial court.

4. The suit was filed on 26.3.2007 for ejectment and recovery of arrears of rent and mesne profits.

5. It is stated that plaintiff is the absolute owner of the suit schedule property i.e. premises bearing No.49, New No.102, situated at Domlur Civil Area, Old Division No.51, BMP New Division No.102, Bangalroe-71, measuring East to West 19 feet and North to South 32.5 feet with 5 square Mangalore tiled roof house and the defendant is a tenant in occupation of the same on a monthly rental of Rs.3,500/-. It is also stated that defendant is a chr

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