Though this appeal is listed for consideration of I.A.

for extension of stay, with consent of learned counsel for

parties, it is taken up for final disposal.

2.

Sri. Vishwanath Bichagatti, learned counsel for

appellant submitted that this appeal was filed challenging

judgment and decree dated 30.08.2011 passed by

Principal Senior Civil Judge, Hubli in R.A.no.89/2010 and

judgment and decree dated 05.07.2010 passed by I

Additional Civil Judge, Hubli in O.S.no.205/2008.

3.

It was submitted that appeal was admitted on

17.07.2014 to consider following substantial question of

law:

“Whether the I Additional Civil Judge at Hubli is

justified in entertaining the suit for ejectment

of appellant when the monthly rent was

Rs.1,200/-, more particularly, in the light of the

Full Bench decision of this Court reported in

3

ILR 2011 KAR 229 and thus the judgment

has become perverse and illegal?”

4.

It was submitted that appellant herein was

defendant in O.S.no.205/2008 filed by respondent herein

seeking for decree for eviction of defendant from suit

property and to direct him to vacate and put plaintiff in

possession of suit property and also for decree for

recovery of arrears of rent of Rs.36,000/- and for future

mesne profits, costs etc.

5.

In plaint, it was stated that commercial

premises comprised in CTS no.2654 of Ward no.1

measuring 50.12 sq.mtrs. situated at Station Road,

Hubballi was suit property. Plaintiff claimed that he had

acquired suit premises under award passed in ABN Case

no.1/1989 passed by Civil Judge (Sr.Dn.), Hubballi. It was

stated that defendant was in occupation of suit property as

monthly tenant. Tenancy commenced from first day of

each month and ended on last day and rent stipulated was

Rs.1,000/- per month. It was further stated that

4

defendant had not paid rent from date, plaintiff acquired

ownership over suit property inspite of repeated demand

and as defendant was a chronic defaulter, he was liable to

be evicted. It was further stated that plaintiff was a

doctor, aged 70 years and senior citizen and required suit

premises for his son to open independent clinic. Therefore

he got issued notice dated 15.01.2008 terminating

tenancy and calling upon to defendant to quit and deliver

vacant possession of premises and to pay arrears of rent.

6.

Though notice was served on defendant on

24.12.2007, he failed to comply with demand. On said

cause of action suit was filed.

7.

On service of summons, defendant appeared

and

filed

written

statement

denying

entire

plaint

averments. It was specifically asserted that defendant was

a tenant of suit property since many yeas under previous

landlord who had accumulated huge arrears of municipal

taxes. In pursuance of oral agreement between them,

defendant was permitted pay municipal taxes to be

5

adjusted towards future rent. It was contended that

agreed rent was Rs.28/- per month and not Rs.1,000/- as

claimed by plaintiff. It was further stated that plaintiff was

a doctor by profession who owned properties in and

around Hubballi and was not in need of suit property. It

was also specifically contended that neither plaintiff nor

previous owner had informed him about change of title or

had demanded rent as alleged. It was specifically asserted

that defendant was tenant and suit property belonged to

Sri.

Kashinath

@

Kashappa

Malleshappa

Betageri.

Acquisition of title by plaintiff under arbitration award was

denied. Attornment of tenancy in favour of plaintiff was

also denied.

8.

Based on pleadings, trial Court framed

following issues:

(1) Whether

plaintiff

proves

jural

relationship

between

himself

and

defendant?

(2) Does he prove that defendant has

not

paid

rent

at

the

rate

of

6

Rs.1,000/- p.m. for 3 years prior to

filing of this suit?

(3) Does he prove the termination of

tenancy of defendant in accordance

with law?

(4) Whether the plaintiff is entitled for

possession,

arrears

of

rent

and

mesne profits from defendant?

(5) What order or decree?

9.

Thereafter, plaintiff examined himself