PRAKASH Vs. POOJYA

JUDGEMENT

(1.) The above Second Appeal is filed by the Defendant to set aside the Judgment and Decree dtd. 8/12/2017 passed in R.A. No.76/2014 by the Principal Senior Civil Judge, Kalaburagi and the Judgment and Decree dtd. 31/10/2014 passed in O.S. No.327/2009 by the V Addl. Civil Judge and JMFC., Gulbarga.

(2.) The Parties are referred to as per their ranking before the Trial Court for the sake of convenience.

(3.) The Plaintiff instituted a suit in O.S. No.327/2009 against the Defendant for mandatory injunction or in the alternative for possession. It is the case of the Plaintiff that he is the absolute owner and landlord in respect of an open space bearing CTS No.1432 measuring 41593.4 sq.meters and that his name is entered in the CTS record; that in the said Jatra Maidan, the plaintiff's father constructed over head water tank and there is electricity and water connection to the said tank; that the Jatra of Sri Sharanabasaveshwara Sadu Maharaj held in the month of March or April every year and the Defendant had taken the suit premises as a licencee for a period of three months on a licence fee of Rs.12,000.00 and that the Defendant paid Rs.8,000.00 on 14/4/2008 out of the said Rs.12,000.00; that the licence expired on 30/6/2008. However, the Defendant has not vacated the suit premises after expiry of the licence period. Hence, the Plaintiff issued a legal notice to the defendant on 22/10/2008 revoking the licence. Since the Defendant not vacated the suit premises, the Plaintiff filed the said suit.