IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 23^RD DAY OF DECEMBER 2021

BEFORE

THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY

R.F.A.No.2084 OF 2016

C/w. R.F.A.No.2085 OF 2016

BETWEEN:

1. Smt.Manju R. Punamiya,

W/o Sri Ramesh Kumar Punamiya,

Aged about 47 years,

R/at No.8, 23^rd Cross,

Cubbonpet,

Bengaluru-560 002.

2. Sri Ramesh Kumar Punamiya,

Aged about 53 years,

R/at No.8, 23^rd Cross,

Cubbonpet,

Bengaluru-560 002.

.. Appellants

(common in both Appeals)

( By Sri P.D.Surana, Advocate )

AND:

Sri B.R.Shankar,

S/o Ramaswamappa,

Aged about 54 years,

R/at No.55, D.K.Lane,

Bengaluru-560 053.

.. Respondent

(common in both Appeals)

( By Sri Ramachandra, Advocate )

RFA.No.2084/2016 is filed under Section 96 of Code of Civil

Procedure, praying to set aside the judgment and decree dated

RFA.No.2084/2016

C/w. RFA.No.2085/2016

2

17.10.2016 as per the common judgment made in O.S.No.2008/2013

and O.S.No.2004/2015 so far it relates to O.S.No.2008/2013 on the

file of the Court of the XXXI Addl.City Civil & Sessions Judge,

Bengaluru City (CCH-14) and reverse the same in the interest of

justice.

RFA.No.2085/2016 is filed under Section 96 of Code of Civil

Procedure, praying to set aside the judgment and decree dated

17.10.2016 as per the common judgment made in O.S.No.2008/2013

and O.S.No.2004/2015 so far it relates to O.S.No.2004/2015 on the

file of the Court of the XXXI Addl.City Civil & Sessions Judge,

Bengaluru City (CCH-14) and reverse the same in the interest of

justice.

These

Appeals

having

been

heard

through

Physical

Hearing/Video Conferencing Hearing and reserved on 17.12.2021,

coming on for pronouncement of Judgment this day, the Court

delivered the following:

JUDGMENT

RFA.No.2084/2016

is

the

plaintiffs'

appeal

and

RFA.No.2085/2016 is the defendants' appeal. Both these

appellants are the same individuals. The present appellants, as

plaintiffs, had instituted a suit in O.S.No.2008/2013 against the

present respondent in the Court of learned XXXI Addl.City Civil

& Sessions Judge, Bengaluru City (CCH-14) (hereinafter for

brevity referred to as `trial Court'), for the relief of specific

performance by seeking a direction to the defendant therein to

execute a registered Lease Deed in their favour for a

period of 99 years incorporating the terms that the rent

payable from 01.01.2012 is `7,935/- and the same has to be

RFA.No.2084/2016

C/w. RFA.No.2085/2016

3

increased by 15% once in three years in respect of suit

schedule shop premises.

2. The present respondent, as a plaintiff, had filed a suit

against the present appellants in O.S.No.2004/2015 in the trial

Court for ejectment, seeking a direction to the defendants

therein to quit and handover the vacant possession of the suit

schedule shop premises, in his favour.

The suit schedule property (henceforth for brevity

referred to as `suit schedule property') in both the suits are

one and the same, which is a portion of commercial premises

comprising ground and mezzanine floors of property bearing

old No.45, new No.55, situated at D.K.Lane, Bengaluru-

560 053, measuring East to West 23 ft. and North to South

17 ft., with a height of 15.75 ft., with basic amenities.

3. The present respondent, as a plaintiff, had filed a case

in the Court of learned Prl.Judge, Small Causes Court, at

Bengaluru, in S.C.No.1316/2012 against the present appellants

arraying them as defendants for the relief of ejectment of the

defendants from the suit schedule premises. The said suit later

RFA.No.2084/2016

C/w. RFA.No.2085/2016

4

was transferred and made over to the Court of learned XXXI

Addl.City Civil & Sessions Judge, Bengaluru