RUDRAVVA AND ORS. Vs. SUMA AND ORS.

JUDGEMENT

(1.) These appeals have arisen out of a divergent judgment passed in R.A. No. 67/2005 and 68/2005 dismissing the suits filed in O.S. No. 72/1999 and R.A. No. 73/1999 for eviction of defendants. The present appeal in R.S.A. No. 84/2007 has arisen out of a judgment in O.S. No. 72/1999 and R.A. No. 67/2005 and R.S.A. No. 85/2007 has arisen out of a judgment and decree passed in O.S. No. 73/1999 and R.A. No. 68/2005.

(2.) The suit property involved is a building run under the name and style 'Ganesh Lodge' in CTS No. 3014 situated in Ward No. 1 Madhavpur, Hubli and this is the eastern portion of the building. The property bearing CTS No. 3014 i.e., the eastern portion belonged to Channabasappa the husband of 1st plaintiff and father of deceased 2nd plaintiff-Girimallappa. Late Purandarshetty the husband of 1st defendant and father of defendant Nos. 2 to 4 had taken this property on lease from Channabasappa the husband of 1st plaintiff on monthly rental basis and he was paying rent up to 15.07.1985 @ Rs. 600/- per month. The said tenant Purandarshetty died on 17.06.1988 at Manipal Hospital in a motor vehicle accident and hence, plaintiff chose to file a suit against his wife for eviction.

(3.) A legal notice dated 04.01.1999 was served on the defendants on 6.01.1999 under Section 106 of The Transfer of Property Act through RPAD. Inspite of receipt of the said notice, plaintiff did not hand over the suit property and did not pay the mesne profit as claimed @ Rs. 1,000/- per month. Hence, they chose to file a suit for eviction of the tenants.