SURESH Vs. SATYANARAYANA

JUDGEMENT

(1.) This is an appeal filed by the defendant of an original suit bearing O.S. No.273/2008 which was pending on the file of the Court of Addl. Civil Judge, Bagalkot. Respondent was the plaintiff in the said suit.

(2.) Plaintiff had filed a suit for the relief of possession in respect of the property bearing CTS No.131/C measuring 22.58 sq. feet situated in ward No.9 of Bagalkot City. Plaintiff was the owner of the property in question and defendant was a tenant under him. Defendant is still running a General Store under the name of Style "Swadeshi General Stores" and the same is situated by the side of M.G. Road, Bagalkot. The defendant had contested the same on various grounds. Tenancy had been terminated by the plaintiff by issuing notice as contemplated under Sec. 106 of the Transfer of Property Act. The defendant had denied the termination notice and the entitlement of the plaintiff to seek possession.

(3.) On the basis of the pleadings, the trial Court has framed the following issues for consideration: ISSUES