KRISHNAPPA @ RAMAKRISHNAPPA Vs. SAKETHRAM

JUDGEMENT

(1.) THOUGH this matter is of 2003, by issuing warning list in advance, this matter is listed today in special Hot, however, learned Counsel for the appellant :s present, none appears for the respondent. This appeal is by the defendant against the judgment and decree in G.S.No.4753/1993 dated 18th September 2003 on the file of XIV Addi.City Civil Judge, Bangalore.

(2.) PARTIES would be referred to as per their ranking in the trial court.

(3.) PLAINTIFFS case was that, he purchased the suit schedule property under the registered sale deed dated 19.1.1979 from one S.Ramakrishnaiah, after the purchase, his name was entered in the relevant record and he put up two small residential structures in the said property. One portion of the property was leased to the defendant No.1 on a monthly rent of Rs.100/ - and another portion was leased in favour of defendant No.2 on a monthly rent of Rs.60/ -. However, plaintiff failed to pay the rent from August 1986. He became a defaulter, as such, plaintiff filed an eviction petition in H.R.C.No.10776/1987 under Section 21(1)(a) and (n) of the Karnataka Rent Control Act, 1961. Since defendant Nos.1 and 2 denied the title of the plaintiff, the HRC was dismissed on the ground that the plaintiff had not proved the title and jural relationship. In view of the dismissal of the said HRC, plaintiff was constrained to file a suit for declaration and possession.