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2021 Supreme(Kar) 989

SACHIN SHANKAR MAGADUM
Giridharasa, S/o. Narayanasa Kategar – Appellant
Versus
Jagadguru Gangadhar Dharma, Pracharak Mandali, Sole Trustee Sri. Gurusiddaraj Yogendra Mahaswamigalu, Guru Gangadhar Rajyogendra, Mahaswamigalu Moorusavirmath, Represented By Its GPA Holder Sri. Anandgouda S/o. Basanagouda Patil – Respondent


Advocates Appeared:
For the Petitioner: Sri J.S. Shetty and Sri. Deepa Udiyar.
For the Respondent: Sri Chetan T. Limbikai.

ORDER :

1. The captioned civil revision petition is filed by the petitioner/defendant challenging the order dated 20.12.2018 passed in S.C.No.35/2015 by the III Additional Senior Civil Judge and JMFC, Hubballi whereby the suit of the respondent/plaintiff is decreed directing the petitioner herein to vacate and handover the suit premises.

2. The facts leading to the case are as under:

The respondent/plaintiff instituted a suit a for eviction of vacant possession of suit schedule property and also claimed mesne profits at the rate of Rs.5,000/-p.m. from the date of termination of tenancy till handing over of vacant possession of the suit schedule property. The respondent/plaintiff claims that he is the owner of the suit schedule property and plaintiff being a holy and spiritual institution is conducting various educational and religious activities for the welfare of the Society. It is further pleaded in the plaint that it owns educational institutions and commercial complex and has inducted tenants to run their business according to the agreements entered into by the parties. The respondent/plaintiff has specifically contended that the present petitioner/defendant is a tenant under t

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