NAVEEN HOTELS LTD. Vs. CANARA BANK

JUDGEMENT

(1.) Regular First Appeal No.849/2008 is filed by the appellant/defendant against the judgment and decree dtd. 26/5/2008 of the IX Additional City Civil and Sessions Judge, Bengaluru (for short 'the trial Court') in Original Suit No.670/2006 and Regular First Appeals No.847/2008 and 848/2008 are filed by the appellant/plaintiff being aggrieved by common judgment and decree dtd. 26/5/2008 of the trial Court in Original Suits No.5975/2004 & 1459/2006.

(2.) Brief facts of the case are as follows:- O.S.No.5975/2004 and O.S.No.1459/2006 were filed by the appellant - M/s. Naveen Hotels Ltd., against the respondent - M/s. Canara Bank for ejectment from the schedule premises. The schedule premises in O.S.No.5975/2004 was ground plus five floors of a building constructed by the plaintiff bearing No.14, M.G. Road, Bengaluru, while the schedule premises in O.S No.1459/2006 was the 6th floor of the same building. The said two suits were dismissed with costs, which are the subject matter of RFA No.847/2008 and RFA No.848/2008.

(3.) O.S.No.670/2006 was filed by Canara Bank against M/s.Naveen Hotels, seeking specific performance of two Lease Agreements:-