K. GANESH NAIK Vs. ABDUL KAREEM

JUDGEMENT

(1.) Concurrent findings are called in question before this Court by filing an appeal under Section 100 of the Code of Civil Procedure. The appellants are the defendants 1 and 2 of an original suit bearing O.S.No.687/1989 which was pending on the file of the Court of II Addl. Civil Judge (Jr.Dn.), Kundapura. Respondent No.1 herein was the lone plaintiff in the said suit. Respondent No.2 was defendant No.3 in the said suit and he had not filed any written statement. Suit filed for the relief of possession of the tenanted property from defendant Nos.1 and 2 has been decreed as prayed for vide judgment dated 03.09.1999. As against the said judgment and decree, a Regular Appeal was filed under Section 96 of CPC before the First Appellate Court i.e., the Court of Civil Judge (Sr.Dn.) at Kundapura, in R.A.No.45/1999. The said appeal has been dismissed after contest and thus the judgment of the Trial Court has been upheld. It is these judgments which are called in question on various grounds as set out in the appeal memo. Parties will be referred to as plaintiff and defendant Nos.1 to 3 as per their ranking given in the Trial Court.

(2.) Facts leading to the filing of the said suit and the present appeal are as follows:

(3.) In the year 1986, the plaintiff obtained on lease the suit premises from the second defendant and continued the tobacco business and timber business of his father late Ahamed on monthly rent of Rs.100/-. A lease deed is stated to have been executed by the plaintiff in favour of the second defendant and the lease was initially for a period of eleven months. B.H.Sulaiman, the third defendant herein, who is the Uncle of the plaintiff was assisting the plaintiff in his trade. Plaintiff was conducting business till February 1987 and left Kundapura to Bombay in order to seek employment at Dubai. When he left Kundapura, plaintiff is stated to have handed over possession of the suit premises to his younger brother Basheer and delivered the key of the suit premises to Basheer requesting Haji Sulaiman-the third defendant to manage the business till he returned. B.H.Sulaiman was stated to be managing the schedule premises for and on behalf of the plaintiff till he returned. Later on, he went to Kudlu of Kasargod Taluk, which is his native place.