B S SADANANDA Vs. K S CHINNAPPA

JUDGEMENT

(1.) THIS appeal by the 1st defendant is directed against the judgment and decree passed by the Court of Civil judge (Senior Divn,), Madikeri, in R. A. 15/96 dated 9-10-2003, dismissing the appeal and confirming the judgment and decree passed by the Court of Munsiff, Somwarpet, in O. S. 56/94 dated 21-3-1996, decreeing the suit of the plaintiff for ejectment of the defendants.

(2.) THE essential facts of the case leading up to this appeal with reference to the rank of the parties before the trial Court are as follows :

(3.) THE trial Court framed issues on the basis of the pleadings of the parties. On behalf of the plaintiff, the plaintiff was examined as PW 1 and got marked Exs. P1 to P9. On behalf of the defendants, 1st defendant was examined as DW1 and Exs. D1 to D3 were got marked. The trial Court after considering the contentions of the parties and the material on record, held that the tenancy had been duly terminated, the suit was in time and accordingly decreed the suit of the plaintiff by judgment and decree dated 21-3-1996 and directed the defendants to vacate and deliver vacant possession of the schedule property to the plaintiff within a month from that date. It was further held that the 1st defendant shall pay arrears of rent to the plaintiff and the plaintiff was at liberty to claim future rents by filing a separate suit. Being aggrieved by the said judgment and decree, the defendants preferred r. A. 15/96 on the file of Civil Judge (Senior Divn.), madikeri. The first appellate Court by judgment and decree dated 9-10-2003, dismissed the appeal, confirming the judgment and decree passed by the trial Court. Being aggrieved by the said judgment and decree, the defendants have preferred this appeal which has been admitted on 29-6-2005 for consideration of the following substantial question of law: whether the judgment and decree passed by the first appellate Court is perverse and arbitrary for non consideration of oral and documentary evidence on record and contrary to law?