B. CHANNAKRISHNA S/O. BALASWAMY SHETTY, PROPRIETOR OF DWARAKA PEN CENTER SINCE DEAD BY IS L.R. C. DWARAKANATH S/O. LATE B. CHANNAKRISHNA Vs. SMT. NIRMALA W/O LATE H.S. SHIVARUDRAPPA AND OTHERS

JUDGEMENT

(1.) THE Appellant herein is the Defendant in O.S No. 946/1998. The suit in question was filed seeking for a judgment and decree of ejectment against the Defendant. the trial Court after considering the rival contentions has decreed the suit by its judgment dated 14.11.2006. The Defendant claiming to be aggrieved by the said judgment, is before this Court in this appeal.

(2.) HEARD the learned Counsel for the parties and perused the appeal papers including the records received from the trial Court. The parties shall be referred in the same rank as assigned to them before the trial Court for the purpose of convenience and clarity.

(3.) THE Defendant on appearance had Med his written statement and had opposed the suit of the plaintiffs. It was commended chat the suit was not maintainable m view, of the provisions contained under Sections 21(1) and 31 of the Karnataka Rent Control Act. It was contended since admittedly the rent was Rs. 400/ - and also the number of premises, the suit was not maintainable in view of the said provision. Measurement of the property as contended by the plaintiffs was also disputed.