STATE BANK OF MYSORE Vs. K A CHANDRASHEKAR

JUDGEMENT

(1.) Since common issue of implied surrender, handing over keys of the suit schedule properties by the tenant/appellant to the landlord/respondent is involved in these two appeals, both the appeals are clubbed, heard together and disposed of by this common judgment.

(2.) The appellant in both the cases is the State Bank of Mysore. RFA 1161/2011 is filed by the appellant challenging the judgment and decree passed by the trial Court in O.S.No.139/2001 whereby it is directed by the trial Court to pay the arrears of rent from 1.2.1999 till the date of issuing of notice and termination of tenancy and future mesne profits or damages totaling a sum of Rs.2,50,566/- with future interest @ 6% p.a. from the date of suit till the realization of entire decreetal amount whereas RSA 2064/06 is filed by the appellant challenging the concurrent findings of the trial Court and the First Appellate Court whereby the First Appellate Court dismissed the appeal of the appellant/bank, confirming the judgment and decree of the trial Court wherein the trial Court decreed the suit of the plaintiff in a sum of Rs.39,600/- holding the said amount as arrears of rent with interest @ 6% p.a. and further held that the plaintiff is entitled for damages.

(3.) For the sake of convenience, the parties are referred to as per their ranking before the trial Court.