LAWS(KAR)-2006-11-138

CHIEF SECRETARY POSTS AND TELEGRAPHS TELECOMMUNICATIONS AND ANOTHER Vs. MOHD. MUSA SAIT WAKF AND ANOTHER

Decided On November 18, 2006
Chief Secretary Posts And Telegraphs Telecommunications And Another Appellant
V/S
Mohd. Musa Sait Wakf And Another Respondents

JUDGEMENT

(1.) -IA -III for impleading is filed by a person claiming as legal heirs of one A.B.V. Gowda and which has been directed to be listed along with the appeals at the time of final hearing, is rejected as unnecessary.

(2.) THESE two appeals are by the Defendants in OS 10886 of 1995 and 10887 of 1995, on the file of XXVIII Addl. City Civil and Sessions Judge, Bangalore, directed against the common judgment and decrees in the two suits, being aggrieved by the decrees of possession and damages in favour of the Plaintiff in respect of suit schedule properties in the said suits.

(3.) THE suits for recovery of possession, for arrears of rent and future damages was on the premise that the Plaintiff had determined the tenancy by notices dated 6 -6 -1995 [Ex.P3 and 4] issued under Section 106 of the Transfer of Property Act and in spite of the demand, the Defendants -tenants did not yield possession of the suit schedule properties and it has become necessary for the Plaintiff to file the suits for recovery of possession and arrears of rent and also for future damages.