HEMAVATHI Vs. VASUDEVA BHAT

JUDGEMENT

(1.) This is a revision by judgment debtor No. 2 against the order dated 6-3-1986 passed by the I Additional I Munsiff, Mysore in Execution Case No. 217/83 over-ruling the objection of the revision petitioner-second judgment debtor and ordering the issue of the delivery warrant in respect of the ground floor portion of the premises described in the execution petition.

(2.) It is an unfortunate litigation between the landlord and the tenant who in the initial stages had agreed only to disagree at a later stage.

(3.) The revision petitioner-judgment debtor No. 2 is the daughter of Gowramma-judgment debtor No. 1. Judgment Debtor No. 2 is the owner of the old building which bore No. 1225 situated in Irwin Road, Mysore. The decree-holder was a tenant in the said old building. On 31-1-1975, there was an agreement between the decree-holder-tenant and the judgment debtor No. 1 Gowramma (mother of JDR No. 2 who was then a minor) that the decree-holder should handover possession of the building bearing No. 1225 for the purpose of reconstruction and that as an interim measure he was to be put in possession, of a nearby building bearing No. 509. It was also agreed between them that after reconstruction he would be put back in possession of the property. The decree holder was doing business as a Chemist and Druggist in a portion of the old building bearing No. 1225 and was residing in the remaining portion of that building.