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2019 Supreme(Kar) 2029

SREENIVAS HARISH KUMAR
M. Chandran, S/o. Manikyam – Appellant
Versus
Ayeesha @ Sudha, W/o. Late Saleem – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri. J.M.Rajanna Shetty, Advocate
For the Respondent:Smt. Philomena Ross, Advocate

JUDGMENT :

1. The plaintiff in the suit O.S.6932/2015 has preferred this appeal aggrieved by the judgment and decree dated 28.3.2018 whereby the suit for ejecting the respondents was dismissed.

2. The plaintiff initiated a suit to eject the defendants from a residential premises situated in the first floor of property bearing no.1, corporation no.1/ 131, 1st Cross, Ayyappa Garden (Pothalappa Garden), near Mico Factory, Bannerghatta Road, Adugodi, Bengaluru30 (for short referred to as ‘plaint schedule property’). It is the case of the plaintiff that he is the absolute owner of the plaint schedule property and the defendants are his tenants on a monthly rent of Rs.12,500/. The tenancy period is for a period of 30 days commencing from first day of every calendar month. The first defendant’s husband, namely Saleem took the plaint schedule property on rent and after his death, the defendants continued there as tenants. Defendants became irregular in paying the rents. They stopped paying the rent from January 2015. In spite of repeated demands, they did not pay the rent and therefore the plaintiff got issued a notice to the defendants and terminated the tenancy. The defendants did not rece

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