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2021 Supreme(Kar) 896

K.S.MUDAGAL
INDRAVATHI SRINIVASAN – Appellant
Versus
SUNITHA VENUGOPAL – Respondent


Advocates:
Advocate Appeared:
Shravanth Arya Tandra, Shishira Amarnath, V.B. Shivakumar, N.S. Sriraj Gowda, Sanjanthi Sajan Poovayya.

JUDGMENT :

K.S. Mudagal, J.

1. Aggrieved by the rejection of their application under Order XII Rule 6 CPC, the plaintiffs have preferred this petition.

2. Pending this petition, the sole plaintiff/ petitioner died. On her death her son Prashanth who was initially arrayed as respondent No. 3 in the case was transposed as petitioner No. 2. Her other legal representatives were brought on record as petitioner Nos.1(a) to 1(c).

3. The petitioner Indravathi's husband was the owner of residential bungalow consisting of six bedrooms constructed on site No. 391 in block No. III in Koramangala, Bengaluru. Petitioner Nos.1 and 2 entered into lease agreement with respondent No. 1 in respect of the suit schedule property on a monthly rent of Rs.1,30,000.00. The petitioners claimed that the said rent agreement was for a period of 11 months, which was extendable for another 11 months and thereafter, at the option of the petitioners.

4. Petitioner No. 1 got issued notice to respondent Nos.1 and 2 as per Annexure-D dated 05 07.2016, terminating the tenancy and calling upon them to handover the possession of the property. They also claimed that respondent Nos.1 and 2 are making a false claim of perpetual

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