RAMULA SANNIDHI Vs. JABARCHAND

JUDGEMENT

(1.) These two revision petitions are filed by the plaintiff and the defendant, respectively, challenging the finding of the Trial Court on point Nos.1 and 2, wherein held that the jural relationship between the plaintiff and the defendant and also dismissing the suit as barred by Order 2, Rule 2 of CPC vide order dtd. 16/7/2016 passed in S.C.No.15167/2015 on the file of XV Addl. Judge, Court of Small Causes, Mayo Hall Unit, Bengaluru (SCCH-19).

(2.) The parties are referred to as per their original rankings before the Trial Court to avoid confusion and for the convenience of the Court.

(3.) The factual matrix of the case of the plaintiff before the Trial Court is that the defendant is a tenant in respect of the petition schedule premises on a monthly rent of Rs.300.00. Earlier suit was filed for an ejectment, the same was numbered as S.C.No.15598/2011 and it was decreed. Aggrieved by the said order, the review petition was filed in Misc. Petition No.15012/2013, which was allowed and the decree of ejectment was set aside. Hence, the plaintiff has issued termination of tenancy notice dtd. 22/1/2015 calling upon the defendant to quit and deliver the vacant possession of the suit schedule premises within the stipulated time. The defendant gave an untenable reply. Hence, he was constrained to file a suit.