RAJASHEKHAR Vs. VIJAYKUMAR

JUDGEMENT

(1.) Plaintiff of an original suit bearing O.S. No. 89/2002 which was pending on the file of the Court of Civil Judge (Jr. Dn.), Nippani, of Belgaum District, is before this Court as he is aggrieved by the judgment of the First Appellate Court passed in R.A. No. 41/2005 i.e., by the Fast Track Court-I, at Chikodi. The respondent herein is the absolute owner of the suit schedule property situated in Nippani town of Chikodi Taluk. Plaintiffs father Appasaheb was doing business in tobacco and hence he had taken the premises in question on lease from the respondent herein and was paying monthly rent as agreed. Plaintiffs father died in the year 1983 and later on plaintiff joined the Sugar Factory as an Engineer in 1985. The case of the plaintiff is that the jural relationship of landlord and tenant still continues inspite of the fact of the death of his father and that he has been doing tobacco business in the schedule property. Since the defendant attempted to interfere with his possession as a tenant by putting a lock on the schedule property, he was constrained to file a suit for the relief of permanent injunction.

(2.) Defendant-respondent herein had contested the suit on various grounds. According to the defendant, the suit itself is not maintainable, more particularly, without seeking the relief of possession in the light of a loci: being put by the defendant. It is also averred that the premises in question is not fit to be used and that the tenancy was terminated and possession has been taken over by him. Hence, he had prayed for dismissal of the suit.

(3.) On the basis of the above pleadings, following issues came to be framed by the trial Court: