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2021 Supreme(Kar) 929

JYOTI MULIMANI
Prabhudev – Appellant
Versus
Kadamba Credit Co-Operative Ltd. – Respondent


Advocates:
Advocate Appeared:
Vishwanath Hegde, Advocate, S.G.Kadadakatti, Advocate, Lingesh V.Kattimani, Advocate

JUDGMENT :

1. Sri.S.G.Kadadakatti, learned counsel for appellant and Sri.Vishwanath Hegde, learned counsel for respondent, have appeared in-person.

2. The parties are referred to as per their ranking before the trial Court.

3. The facts are simply stated as under :-

    It is stated that the plaintiff is a Co-Operative Society registered under Souharda Act. The defendant had leased his premises to the Society on a monthly rent of Rs.2000.00 per month (Rupees Two Thousand only). The Lease Agreement was entered in to on 1/2/2001. Plaintiff-Society deposited a sum of Rs.25,000.00 (Rupees Twenty-Five Thousand only) as security deposit. The said amount was repayable to the plaintiff at the time of vacating the leased premises. The lease agreement dtd. 1/2/2001 was initially for a period of 11 months. Plaintiff- Society used to deposit the monthly rent to the savings account of the defendant in the plaintiff -Society. Subsequent to the expiry of the lease, the lease between the parties nevertheless continued and was orally renewed. The deposit of Rs.25,000.00 (Rupees TwentyFive Thousand only) was treated as security deposit after the expiry of initial lease. Under the renewed lease, the rent was

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