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2023 Supreme(Kar) 200

P. S. DINESH KUMAR, C. M. POONACHA
Punjab National Bank – Appellant
Versus
Srinivasa Enterprises – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Sri K V Satish, Advocate For Sri Harish Kumar S R, Advocate
For the Respondent:Sri Janardhan G, Advocate

JUDGMENT :

POONACHA, J.

This appeal is filed under Section 96 of Code of Civil Procedure, 1908 (for short 'CPC') by the Defendant challenging the judgment and decree dated 20.12.2018 passed in O.S. No.16840/2006 by the XXVI Additional City Civil & Sessions Judge At Mayo Hall, Bengaluru (CCH - 20) (for short 'the Trial Court'), whereunder the suit filed for recovery of money was partly decreed.

2. For the sake of convenience, the parties will be referred to as per the rank before the Trial Court.

3. The Plaintiff has filed the instant suit in O.S. N.16840/2006 for recovery of a sum of Rs.9,34,924 together with interest @ 18% per annum from the date of suit till the date of realisation. It is the case of the Plaintiff that it is the owner of the suit property and had let out the same to Nedungadi Bank (the predecessor in interest of the Appellant/Defendant) on a monthly rent of Rs.13,574/- and refundable advance of Rs.81,444/-. The tenancy was renewed as per Lease Agreement dated 23.09.2022 for a period of five years on monthly rent of Rs.23,144/- w.e.f. 01.09.1998 with an option to

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