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2018 Supreme(Online)(Kar) 3470

HIGH COURT OF KARNATAKA
Mr. Sreenivas Harish Kumar, J
Mrs. Fahima Irfan Patel – Appellant
Versus
Mr. Troop Basheer Ahmed – Respondent


Advocates:
For the Appellants/Petitioners: Sri. Krishna Kumar S.R.
For the Respondents: Sri. Gururaj D.M.

Table of Content
1. the suit relates to the recovery of money arising from disputes over tenancy. (Para 1 , 2)
2. the complexities of the tenancy relationship are discussed. (Para 3 , 4 , 5)
3. the issues of proving a tenant's status and obligations are analyzed. (Para 6 , 7 , 8)
4. key legal principles regarding the validity of lease termination are examined. (Para 16 , 19)

JUDGMENT

The plaintiff in O.S. 16617/2003 on the file of the Additional City Civil Judge (CH.20) has preferred this appeal challenging the judgment dated 31.10.2014 dismissing the said suit.

2. For the sake of convenience, the parties are referred with respect to their position in the suit throughout the discussion. The pleadings in a nutshell are as follows : -

The suit property is premises bearing No. 86/2, Wheelers Road, Cox Town, Bengaluru, as described in the plaint schedule. One Mr.Eshwar and Mr.Mukund are the owners of this premises. They leased this premises to the plaintiff who in turn leased it to the defendant. The defendant was chronic defaulter in paying the rents at the rate of Rs.11,000/- per month and fell in due of a sum of Rs.1,54,000/- from May 2002 to June 2003. After adjusting the arrears from the

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