AMBA GOWDA Vs. M/S. MY DREAM BAR AND RESTAURANT 1ST FLOOR, NO. 26 AND 29/1 KEMPEGOWDA CIRCLE BANGALORE-560 009 REP. BY ITS MANAGING PARTNER SRI M. THIMME GOWDA AND OTHERS

JUDGEMENT

(1.) THE appellant herein is the plaintiff in O.S. No. 9137/2004. The suit was filed seeking ejectment of the defendants from the plaint schedule property. The suit has been ultimately dismissed by the Court below by its judgment dated 11.06.2010. The plaintiff claiming to be aggrieved by the same is before this Court in this appeal. The parties would be referred to in the same rank as assigned to them before the triai Court for the purpose of convenience and clarity.

(2.) THE brief facts are that the plaintiff claims to be the owner of the suit schedule property bearing No. 26 (presently 2611), K.G. Circle, Bangalore -560 009. The contention of the plaintiff is that she has acquired absc!ute right to the said property under a partition deed dated 30.06.1976. It is averred that the property was originally being managed by her father Sri Ramanna and the premises was tenanted wherein the defendants are running a Bar and Restaurant. In addition to the premises belonging to she plaintiff, the defendants are said to be running the Bar and Restaurant in the adjoining premises bearing No. 29/1, which belongs to the father, mother, brother and sisters of the plaintiff. The plaintiff alleges that the defendants conniving with the plaintiff's parents and siblings have created certain documents to indicate as if they are paying the monthly rents to them. However, the plaintiff on asserting that the defendants are the tenants under her in the premises belonging to her has sought for eviction.

(3.) IN the light of the rival contentions, the trial Court framed as many as seven issues for its consideration. The plaintiff examined herself as P.W. 1 and marked documents at Exhs.P1 to P12.