H. NABHIRAJA Vs. SATHYA PRAKASH

JUDGEMENT

(1.) HEARD the learned counsel appearing for the parties and perused the final order passed in case bearing No. S.C./1846/2012 dated 03.09.2014 passed by the learned XVI Additional Small Causes Judge, Court of Small Causes, Bangalore.

(2.) PETITIONER herein is the defendant in the said suit. The respondent herein is the plaintiff in the said suit.

(3.) PLAINTIFF is the absolute owner of the suit schedule property measuring 9,450 Sq. Ft. situated at Hosur Road, Adugogi, Bangalore. Defendant has established a petrol bunk having taken the suit schedule property on lease from the plaintiff on 24.11.1987. Initially, the lease was for a period of five years and subsequently, the lease was extended for a period of 25 years commencing from 01.12.1987 to 01.12.2012. According to the plaintiff, the lease period came to an end on 01.12.2012. Thereafter, the plaintiff chose to issue a reminder to handover the suit property before the expiry of time as fixed in the registered lease deed. In spite of receipt of the said notice/reminder, the defendant did not comply with the same and hence, the plaintiff was forced to file a suit before the Small Causes Court seeking to evict the defendant from the suit schedule property.