ABDUL KHUDDUS Vs. H.M. CHANDIRAMANI

JUDGEMENT

(1.) The present appeals are directed against an order passed by the Division Bench of the High Court of Karnataka on 28.9.2006 in three First Appeals filed before it. The first appeal was against the judgment and decree passed by the Additional City Civil and Sessions Judge, Bangalore on 16.4.2005 in O.S. No. 10082 of 1995(Hereinafter referred to as the 'first suit') whereby the suit of plaintiff, now represented by his legal heirs, for permanent and mandatory injunction was dismissed on 16.4.2005. The other appeal arises out of another suit filed by the plaintiff for claiming damages in O.S. No. 16643 of 1999(Hereinafter referred to as the 'second suit') which was decreed on 6.10.2003. The Plaintiff was found entitled to recover a sum of Rs.1,25,000/- as damages towards the loss/destruction of machineries, furniture, fittings and stock- in-trade apart from the damages @ Rs.10,000/- per month towards the loss of business of plaintiff from 9.1.1995 till the possession is restored, subject to final decision of first suit. The defendants, official respondents and the owner, filed two separate appeals against the same. The third appeal arises out of first suit decided by the Additional City Civil Judge, Bangalore on 16.4.2005 whereby the suit of the plaintiff for permanent and mandatory injunction was dismissed.

(2.) All the three appeals were taken up and decided together by the High Court. The High Court dismissed the appeals arising out of the judgment and decree passed by the trial court in favour of the plaintiff whereas, the appeal arising out of judgment and decree in first suit filed by the plaintiff was allowed.

(3.) The plaintiff was inducted as a tenant on 7.5.1974 by an allotment order passed by the Rent Controller under Section 5 of the Karnataka Rent Control Act, 1961(For short, the 'Rent Act'). The rented portion was on the first floor of the two-floor building of Premises No. 50, Ebrahim Saheb Street, Civil Station, Bangalore.