SUNDER KUDVA Vs. RAVIRAJ SHETTY

JUDGEMENT

(1.) THIS revision petition directed against the Judgment and Decree D/- 2-8-2000 passed in SC 4/98 on the file of the III Addl. Civil Judge, Jr. Divn., Mangalore, dismissing the suit filed by the petitioner.

(2.) THE petitioner is the owner of the suit schedule property. He filed a suit for eviction against the respondent from the Schedule A premises and to put the petitioner in vacant possession thereof and for payment of mesne profits from 1-12-1997 till 1-1-1998 and also for future mesne profits from 1-1-1998 till the delivery of vacant possession of the A Schedule premises.

(3.) AFTER service of notice of the said suit the respondent appeared and filed written statement denying the averments made by the petitioner as false, frivolous and vexatious and cannot be maintainable under law or on the facts of the case and also inter alia denied all the averments in the plaint. The respondent also contended that he is not a chronic defaulter in payment of rentals and there is no cause of action to the suit and prayed for dismissal of suit.