RAJARAM GANGARAM ATHALEY Vs. LATE ABDUL RAHIMAN AHMADKAR

JUDGEMENT

(1.) THIS petition is directed against the order dated 28. 02. 2005 passed by Respondent No. 3 in case No. CNM/cr/34/2000-01 (Annexure-G) and the order dated 13. 06. 2005 passed by the karnataka Appellate Tribunal in Appeal No. 290/2005 (Annexure K ).

(2.) THE brief facts of the case are that the predecessor-in-title of respondents No. 1 and 2 leased the vacant land bearing No. CTS 415/a-B in Ward No. 4, Bijapur City by deed dated 11. 12. 1962 to the petitioner No. 1 and his father. The lease period provided thereunder was 35 years. The monthly rent agreed upon under the lease deed was Rs. 125/- per month. The lessees built the cinema theatre thereon and installed the equipments, machineries, furniture, etc. , The petitioners' father has been running the Cinema theatre in the name and style of "lakshmi talkies". The petitioners' father and thereafter the petitioners have been getting the licence granted and regranted without any difficulty. However in the year 1998, when the petitioners sought the renewal of licence, respondents No. 1 and 2 raised their objections as a result of which the petitioners' application came to be rejected. The petitioners took up the issue with the appellate Authority but not with any rate of success.

(3.) MEANWHILE the petitioners also filed OS No. 491/1997 in the Court of the City Civil Judge (Jr. Dn.) Bijapur against respondents No. 1 and 2 herein. The suit was decreed on 31. 01. 2006 restraining the respondents No. 1 and 2 by an order of permanent injunction from interfering with the petitioners possession and enjoyment of the property in question; the Civil Court observed that the respondents No. 1 and 2 are at liberty to evict the petitioners from the property in question by following the proper procedure provided under the law.