The defendant in OS.No.451/2015 on the file of the

II Additional Civil Judge & JMFC, Hassan has filed this writ

petition challenging an order dated 03.08.2022, by which an

application filed by him under Order 7 Rule 1 R/w Section 26 of

Code of Civil Procedure was rejected.

2.

The suit in OS.No.451/2015 was filed for ejectment

of the defendant from the suit schedule property. The plaintiff

claimed that he was the owner of the suit property having

derived it at a partition dated 24.03.1992. He claimed that he

had rented out the ground floor of the suit premises to the

defendant under an rent agreement dated 15.12.1998 and first

floor of the suit premises in terms of rent agreement dated

05.11.2003. The plaintiff claimed that the defendant had failed

to pay the rent which compelled him to terminate the tenancy.

The defendant contested the suit. He admitted that he was a

tenant under the plaintiff. However, he denied that he was

inducted in the ground floor of the suit premises under the rent

agreement dated 15.12.1998 and the first floor under the rent

agreement dated 05.11.2003. He gave a different boundary of

the property which was in his possession and contended that