MAKABUL Vs. VIRAKTAMATH CHIKKERUR

JUDGEMENT

(1.) The petitioner herein is the defendant in O.S. No. 255 of 2011. The suit is filed by the respondent herein seeking for a judgment and decree for recovery of possession of the suit schedule property and for the damages to be determined and awarded to the plaintiff.

(2.) The plaintiff therein contends that the defendant is the tenant in respect of the suit schedule property. The defendant has filed a detailed written statement disputing the contentions put forth in the plaint. Apart from the other contentions, the defendant has also disputed the jural relationship of the landlord and the tenant between the plaintiff and the defendant. It is the case of the defendant that the plaintiff who has been removed by the Trust is not entitled to maintain the suit. It is the further case of the tenant-defendant that Sri Basaveshwara Deva Trust Committee is the landlord in respect of the premises and as such the tenancy agreement has been entered into between the said committee and the defendant. It is contended that the rents are being paid to them and as such the plaintiff has no manner of right in respect of the property either to seek for possession or to claim damages in respect of the property.

(3.) In the pending suit, the plaintiff has filed an application under Section 151 of the Civil Procedure Code, 1908 seeking that the defendant be directed to deposit the monthly rent before the Court below. The defendant filed a memo seeking that the written statement filed by them be taken into consideration as objections to the said application. The application which is registered as I.A. No. 1 was allowed by the Court below by order dated 29-4-2014. It is in that view, the petitioner herein who is the defendant is before this Court assailing the said order.