LAWS(KAR)-2014-4-273

LAKSHMANA AND ORS. Vs. RAMAPPA

Decided On April 23, 2014
Lakshmana And Ors. Appellant
V/S
RAMAPPA Respondents

JUDGEMENT

(1.) THIS is defendants' second appeal against concurrent findings of fact by the Courts below. Respondents instituted O.S. No. 213 of 2009 for relief of possession, arrears of rent, as also damages for use and occupation arraigning the appellants as defendants, who entered appearance, and resisted the suit by advancing the plea that they were inducted as tenants of the said premises by the father of the plaintiff and on his death, left behind several legal heirs, hence plaintiff alone was disentitled to the relief of ejectment. In addition, it was contended that another brother instituted O.S. No. 223 of 2000 for partition seeking a share in the suit schedule property which was pending. The Trial Court by judgment and decree dated 12 -9 -2011 rejected the defence having regard to the decision of this Court in Shivangouda v Gangawwa : 1966(2) Mys. L.J. 148 holding that co -owner can maintain a suit for ejectment and regard being had to the location of the property, directed payment of damages at Rs. 5/ - per month for use and occupation from 8 -9 -2009, while arrears of rent at Rs. 5/ - per months from 8 -6 -2001 to 8 -9 -2009.

(2.) THAT judgment and decree when carried in R.A. No. 46 of 2011, the Additional Senior Civil Judge, KGF, noticed that rent of Rs. 5/ - per month was grossly inadequate and enhanced the rent to Rs. 300/ - per month other than damages awarded by the Trial Court by judgment and decree dated 1 -2 -2013. Hence this second appeal.

(3.) SINCE the learned Counsel for the parties have addressed arguments on the merit of the appeal, this appeal is accordingly disposed of by this order with their consent.