MOHAMMAD JAFFAR Vs. MUNAFSAB

JUDGEMENT

(1.) THIS is plaintiff?s Regular Second Appeal filed under Section 100 of Code of Civil Procedure, directed against judgment and decree dated 13. 7. 1999 passed in RA No. 77/95 on the file of II Additional district Judge, Dharwad, reversing the judgment and decree dated 20. 9. 1995 passed in O. S. No. 3/94 on the file of Civil Judge (Sr. Division) Haveri.

(2.) THOUGH notice was issued to the respondent by RPAD, the same was returned with an endorsement, stating that the defendant refused to receive the RPAD.

(3.) WHEN the case was listed for admission, the learned Single judge of this Court, on 30. 5. 2000, admitted the Appeal on the following substantial question of law:-Whether the Appellate Court was correct in law in directing the appellant-plaintiff to approach the Rent Court for eviction even though respondent-defendant denied title of the appellant to the suit property and his relation with him as a tenant?