RATHNAKAR PUTRAN Vs. R.L. DSOUZA AND ORS.

JUDGEMENT

(1.) Heard the arguments of learned counsel appearing for the writ petitioner -defendant and also learned counsel appearing for respondents - plaintiffs.

(2.) The writ petition is filed by the defendant -writ petitioner requesting this Court to set aside the order dated 04.08.2015 passed in Misc. Case No. 34/2015 on the file of Principal District Judge, Dakshina Kannada, Mangaluru and consequently to allow the petition in Misc. Case No. 34/2015 which order is produced as per Annexure -A.

(3.) Learned counsel appearing for the writ petitioner -defendant during the course of his arguments made the submission that there was a lease agreement between petitioner and defendants in respect of petition premises. It is also the contention of learned counsel that as per the terms and conditions of the lease deed, the writ petitioner was having option in renewal of the said lease. It is also his submission that however, the respondent filed the suit in O.S. No. 239/2014 seeking possession of the suit property from the writ petitioner -defendant. Prior to the suit, there was a quit notice which was properly replied by the writ petitioner.