PRINCIPAL BENCH AT BENGALURU
K N SATHISH CHANDRA – Appellant
Versus
SMT. EVLINE D SOUZA – Respondent
This second appeal is filed by the appellant
challenging the portion of judgment dated 02.08.2016
passed in R.A No.14/2014 by the Senior City Civil Judge
and JMFC, Tirthahalli.
2. The parties are referred to as per their ranking
before the trial Court. The appellant is the plaintiff and
respondents are the defendants.
- 3 -
3. Brief facts leading rise to filing of this appeal are
as under:
Plaintiff filed a suit in O.S.No.28/2003 for ejection
against the defendants in respect of a shop premises
which the defendants were occupying as tenants. The suit
came to be decreed and defendants were directed to
handover the vacant possession of the premises within six
months. The trial Court also directed payment of arrears
of rent and future mense profits @ Rs.500/- p.m. till
delivering possession of the premises. Aggrieved by the
judgment and decree passed in O.S No.28/2003 filed an
appeal in R.A No.170/2008 which came to be dismissed
vide judgment dated 18.06.2011 directing the defendants
to deliver the vacant possession of the premises within
nine months from the date of the dismissal of the appeal.
The defendants have vacated and delivered the possession
of
the
suit schedule
p
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