MANAGER, SOUTH KANARA AGRICULTURAL DEVELOPMENT CO-OPERATIVE SOCIETY LTD. AND SOUTH KANARA AGRICULTURAL DEVELOPMENT CO-OPERATIVE SOCIETY LIMITED REP. BY ITS SECRETARY AND CHIEF EXECUTIVE Vs. DR. SARITHA, DR. SARITHA AND DR. ARAVIND SHETTY@RESPOND

JUDGEMENT

(1.) HEARD learned Counsel for the appellants in respect of the appeal preferred by the defendants questioning the concurrent findings of the courts below.

(2.) THE suit was filed by the respondents -plaintiffs for delivery of vacant possession and the said suit was decreed by giving two months time to the appellants from the date of the trial court judgment to hand over vacant possession. The lower appellate court confirmed the trial court judgment by dismissing the appeal preferred by the appellants herein.

(3.) THE defendants also does not deny the factum of the lease having been entered into by Ananda Shetty and taking note of the absence of specific pleading in the written statement by the defendants denying the tenancy relationship with the plaintiffs, the trial court ultimately decreed the suit of the plaintiffs. It also directed the appellants to pay future profits at Rs. 3,000/ - per month from the date of the suit till the date of delivery of vacant possession and to pay the rent for two months i.e. October and November 2005 at the rate of Rs. 1,500/ -per month. The lower appellate court agreed with the trial court on all these aspects of the matter and took note of the prevailing rent which was put at Rs. 3,000/ - per month.