CHINNATHAMBI Vs. N VEERAPPA

JUDGEMENT

(1.) APPELLANT is tenant and defendant in the original suit. Respondents are trustees of Sri Hanuman Temple situated at Town, Bangalore and they are plaintiffs in the suit. For the sake of convenience, the rank of the parties are referred to as 'plaintiffs' and 'tenant'.

(2.) THIS appeal is preferred by the tenant against the judgment and decree dated 6-3-1999 passed by the Trial Court decreeing the suit of the plaintiffs and directing the tenant to handover vacant possession of the suit schedule property within two months.

(3.) THE suit schedule property belongs to the trust and the appellant herein is the tenant of the same. The plaintiffs filed suit in O. S. No. 10963 of 1994 against the tenant on the ground that the premises is required for the bona fide use and occupation of the of the temple. It is the case of the plaintiffs that the archak is residing far away from the temple and it is difficult for him to perform the poojas in the morning and evening and it is also difficult for him to prepare prasadam. Since the suit schedule premises is adjacent to the temple, the same is required to accommodate the Archak. The tenant resisted the suit taking various pleas and denying the requirement of the petition schedule premises. The tenant prayed for dismissal of the suit. On the basis of the pleadings, the Trial Court framed issues. Parties adduced evidence and produced documents in support of their respective pleas. Upon appreciation of the same, the Trial Court decreed the suit granting two months time to the tenant to vacate and deliver vacant possession of the premises to the plaintiffs. The legality and validity of the same is questioned in this appeal. 3a. I have heard the learned Counsel for the plaintiffs and perused the judgment under appeal.