M G K PRAKASH Vs. K T THIMMEGOWDA

JUDGEMENT

(-1.) 1. The appellant has challenged the judgment and decree of eviction passed by the Trial Court, confirmed in the appeal by the First Appellate Court.

(-1.) 2. The facts reveal that the respondent is the owner and landlord of the suit property described in the schedule to the plaint. The property was leased to the appellant i.e. the defendant before the Trial Court on a monthly rent of Rs.400/-. The plaintiff instituted a suit for eviction of the appellant by terminating the tenancy. The Trial Court has decreed the suit and the said decree has been confirmed in the appeal.

(-1.) 3.The First Appellate Court has held that the appellant is entitled to deduction of Rs.20,000/- the advance amount paid by the appellant at the time of execution of the lease. There are concurrent findings of facts by both the courts below so far as eviction of the appellant is concerned. It is in these circumstances that the learned counsel for the appellant would submit that, if a year's time is granted to vacate the suit property, the appellant would find an alternative accommodation for running his business. He also submits that the arrears of rent of Rs.28,800/- would be paid within three months from the date of the order. He has to pay the rent regularly from the date of the order till the possession of the suit property is handed over to the respondent.