M S NARAYANA RAO Vs. S K PUNDAREEKA

JUDGEMENT

(1.) THE defendant in O. S. No. 10151 of 1991 has suffered the partial decree of eviction with a direction to deliver the suit property to the plaintiff. Being aggrieved by the judgment and decree of the XIII Additional City Civil Judge, Bangalore, he has come in an appeal.

(2.) THE germane facts for consideration of appeal are set out hereunder: The plaintiff who is the respondent in the appeal claimed to be an owner of the suit schedule property bearing No. 675, I Stage, Indiranagar, Bangalore. It is further alleged that the suit property was leased in favour of the appellant herein on a monthly rental of Rs. 530/- and for seeking eviction, proceedings are instituted in HRC No. 10450 of 1981 on the file of V Additional Court of Small Causes, Bangalore. The said case of the plaintiff was dismissed holding that the relationship of landlord and tenant is not established. After the dismissal of the said petition the suit came to be filed seeking delivery of possession of the suit property and for damages. In the suit also the plaintiff made allegation of relationship of landlord and tenant between himself and the defendant.

(3.) THE defendant made his appearance, contested the suit denying the relationship of landlord and tenant and contended that he is in possession and enjoyment of suit property by virtue of an agreement of sale entered into between himself and plaintiff on 14-4-1977 and thus submitted that the suit is not maintainable. The Trial Court on the disputed facts and contentions formulated the following issues for consideration: