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2023 Supreme(Kar) 256

H. P. SANDESH
Ganesh N. , S/o Late Nataraj – Appellant
Versus
N. Ananthan Pillai, S/o Late Narayana Pillai – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SRI S. VENUGOPALA, ADVOCATE
For the Respondent: SRI VENKATESH R. BHAGAT,

ORDER :

This revision petition is filed challenging the order dated 07.03.2023 passed on I.A.No.1 in S.C.No.15125/2022, on the file of the XVII ASCJ, Mayo Hall Unit, Bangalore, rejecting I.A.No.1 filed under Order 7 Rule 11 read with Section 151 of CPC.

2. The factual matrix of the case of the petitioner/defendant No.3 in S.C.No.15125/2022 is that the petitioner herein is a tenant along with respondent Nos.2 to 5 herein. It is contended that the husband of defendant No.1 and the father of defendant Nos.2 to 5 Sri late A. Nataraj was a tenant under the plaintiff on oral agreement in respect of ground floor shop premises measuring 7 x 11 ft. which is morefully described in the schedule. The said Nataraj was paying the rent of Rs.3,000/-per month to the plaintiff and he was running a business under the name and style M/s. Shakthi Polishing Machines. He expired in the year 2020 and thereafter the defendants continued to pay the rent of Rs.3,000/-per month and thereafter the defendants stopped the payment. The defendants are jointly running a business in the schedule premises. The petition schedule premises is required by the plaintiff for his bonafide use and occupation and requested the

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