BHARATHI Vs. D. PRASANNA KUMAR

JUDGEMENT

(1.) Petitioner herein has obtained an Eviction Decree coupled with recovery of rent for damages in O.S.531/2014 which is put in challenge by the respondent herein in R.A.No.5151/2018; petitioner's application in I.A.No.2filed u/s.151 of CPC, 1908 for a direction for payment of rent having been rejected by the 2nd Additional District & Sessions Judge Ramanagara vide order dated 08.05.2020, he is knocking at the doors of writ court.

(2.) The respondent-tenant having entered caveat through his counsel, has filed a Statement of Objections resisting the writ petition contending that he has already paid the entire amount of rent for thirty years accruing from 12.12.2012 ie., the date of the lease; it is also contended that the petitioner ought to have executed the decree and therefore the subject application not being maintainable is rightly rejected by the Court below.

(3.) Having heard the learned counsel for the parties and having perused the Petition Papers, this Court is inclined to grant indulgence in the matter as under and for the following reasons: