VELTHORIA SEQUIERA Vs. SODE VADIRAJA MUTT

JUDGEMENT

(1.) Petitioner being the defendant inter alia in a suit for possession & payment of arrears of rent in O.S.No.80/2014; the suit is being opposed by filing the Written Statement on 12.04.2014; her application in I.A.No.1 filed u/s.114 of Transfer of Property Act, 1882 having been negatived by the impugned order dated 28.05.2019, the learned Prl. Civil Judge, Udupi has declined to relieve her from the forfeiture of the lease; therefore petitioner is grieving before the Writ Court.

(2.) After service of notice the respondent-plaintiff- Mutt having entered appearance through its counsel vehemently resists the writ petition making submission in support of the impugned order & the reasons on which it has been predicated. Both the petitioner and the respondent have relied upon certain decisions in support of their respective stand.

(3.) Having heard the learned counsel for the parties and having perused the petition papers, this court declines to grant indulgence in the matter for the following reasons: