H.B. KASHIVISHWANATHA SETTY Vs. P. SRINIVASA

JUDGEMENT

(1.) THE appellant is before this Court assailing the concurrent judgments rendered by the Courts below.

(2.) THE respondents herein had filed the suit in O.S. No. 355/2010 seeking for a judgment and decree of ejectment and possession of the suit schedule property. The defendant though did not dispute the jural relationship had however contended that the termination of tenancy is not justified inasmuch as the defendant had the right to have the tenancy extended by paying the enhanced rate of rent. Hence, the suit for ejectment was resisted.

(3.) THE learned counsel for the appellant while assailing the judgments of the Courts below would contend that the Courts below have not properly construed the agreement dated 04.03.2003 which had been entered into between the appellant and the vendor of the respondents. It is his case that the agreement provided that after the initial period on 01.01.2004, the appellant had the right to have the tenancy extended on payment of the enhanced rent at 15% of the existing rent once in four years. He therefore contends that accordingly, the rents have been enhanced from the original rent of Rs. 3,900/ - to Rs. 4,500/ - and thereafter to Rs. 5,175/ -. He therefore contends that in such circumstance, tenancy having been continued, the defendant was entitled to continue therein.