NAGARAJ Vs. KIRAN

JUDGEMENT

(1.) THE petitioner, who is the defendant, filed the above writ petition challenging the order dated 16.02.2015 passed on I.A. No. 13 in O.S. No. 722/2010 rejecting I.A. No. 13 under Section 151 of the Code of Civil Procedure, 1908, for permission to cross -examine PW -1.

(2.) THE respondent, who is the plaintiff in O.S. No. 722/2010, had filed the suit for recovery of possession of the suit property and arrears of rent of Rs. 11,400/ -, alleging that he is the owner of the property in question and the defendant/present petitioner, is a tenant in respect of non -residential premises bearing No. 31, Old No. 33 comprised in CTS No. 5267 and its R.S. Nos. 241/A and 241/B measuring East -West towards the south 79', East -West towards north 65' + 25' and North -South towards East side 28' and south -north towards West 26', situated at Mahatma Phule Road, Shahapur, Belgaum and also stated that the defendant is running a mechanical business in the name of Ayyappa Swamy Motor Garage in the suit property. The said temporary tenement/premises was given to the defendant on lease and licence basis on 01.11.2005 for the period of 11 months on a monthly licence fee of Rs. 1,750/ -, which is payable according to English Calendar months and the defendant was paying rent of Rs. 1,900/ - p.m. till November 2009. Thereafter, defendant stopped paying rental amount and defendant has committed default in the matter of payment of rental from 01.12.2009 till today. The defendant has no legal and valid reasons for withholding rents, etc.

(3.) I have heard the learned counsel for the petitioner.