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2021 Supreme(Kar) 580

JYOTHI MULIMANI
Kaisar Jehan – Appellant
Versus
Abdul Wajid Ali – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ameet Kumar Deshpande, Advocate
For the Respondents:Liyaqat Fareed Ustad, Advocate

ORDER :

Jyothi Mulimani, J.

1. This is a petition from the Court of Principal Senior Civil Judge and CJM, Raichur.

2. For the sake of convenience, the parties shall be referred to in terms of their status and ranking before the Trial Court.

3. The plaint averments are stated as under:

    Plaintiff is the absolute owner of the house property bearing Mpl. No. 12-6-367 (old), 12-6-440 (new), situated at LBS Nagar, Raichur and that defendant is statutory tenant on a monthly rent of Rs. 300/-. It is averred that defendant committed default in paying monthly rent from 01.04.2009 till the filing of the suit and he is in arrears of rent of Rs. 8,700/- for the period from 01.04.2009 to 30.06.2011, plaintiff has been regularly asking the defendant to pay the monthly rent and also arrears of rent, but in vain. Hence, plaintiff was constrained to issue legal notice under Section 106 of Transfer of Property Act. The notice was sent to the address as shown in the cause title on 06.07.2011 by registered post with acknowledgment due. It was returned with endorsement that the door of the suit house has been closed continuously for 7 days. Thereafter, the plaintiff sent one more notice on 22.07.2011 by pas

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