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2013 Supreme(Online)(Kar) 7

KARNATAKA HIGH COURT
N. Kumar, J.
Nagendra A. v. K. Nagaraj and Another


1This is a plaintiff's appeal against the judgment and decree of the trial Court which has dismissed the suit of the plaintiff for injunction.

2. For the purpose of convenience, the parties are referred to as they are referred to in the plaint.

3. The subject matter of the suit is the schedule premises situated in front of ITA notified area belonging to the first defendant. The case of the plaintiff is that he is the proprietor of Kapali Traders situated at Krishnarajapuram, Bangalore - 36. He has taken the shop premises on lease basis from the first defendant on a monthly rent of Rs. 450/- per month. The first defendant is the owner of the premises. He has executed a lease agreement in favour of the plaintiff. The plaintiff has taken the possession of the said premises on 20-8-1990. From that day onwards, he is in possession and enjoyment of the said property. He has paid rents regularly to the first defendant. Rent receipts are produced. Licence is issued by ITA notified area, copies of which are also produced. Two weeks before the filing of the suit, the second defendant who is the Chief Officer of the ITA Notified Area started to interfere with the possession and enjoyment of











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