AFTAB ALI, S/O. SRI. MUNEER AHMED Vs. T.A.P.C.M.S., MUDIEGERE, REP. BY ITS MANAGING DIRECTOR SRI. GOPAL, S/O. GIDDAPPA SETTY

JUDGEMENT

(1.) THE appellant has challenged the Judgment and decree of eviction passed by the Trial Court, confirmed in the appeal. The facts relevant to the purpose of this appeal are here under; The respondent is the plaintiff whereas the appellant is the defendant in the suit initiated for eviction. The suit property is a shop premises described in the schedule to the plaint. The plaintiff is the owner and landlord of the suit property and he leased the premises to the wife of the defendant on a monthly rent of Rs.1,300/ -. The lease agreement was also entered into between the parties. It was a monthly tenancy and on the death of the wife of the defendant in the year 2007, the defendant continued in possession of the suit property. The plaintiff requested the defendant to vacate the premises and as it was not done, the plaintiff issued a notice terminating the tenancy. The defendant refused the notice. Hence the plaintiff instituted the present of the suit for eviction of the defendant.

(2.) ON the appearance of the defendant, a written statement was filed denying the relationship and it was also contended that other legal representatives of deceased Smt. Nazeema are not parties to the suit. The defendant denied the arrears of rent and also the quantum.

(3.) HEARD the Learned Counsel appearing for both the parties.