VENKATESH Vs. D A C VENKOOSA

JUDGEMENT

(1.) THIS appeal is by defendants 1 to 3 against the judgment and decree dated 23. 9. 2006 in O. S. No. 8657/2002. Respondent is a plaintiff.

(2.) SUIT is one for possession of the suit schedule property and for injunction.

(3.) CASE of the plaintiff is that, under registered sale deed dated 27. 6. 1984, he purchased the suit schedule property and he was put in symbolic possession of the tenements in the suit schedule property. The deceased Balappa was a tenant on a monthly rent of Rs. 100/ -. Plaintiff demanded rent from said Balappa. Further, the notice sent by plaintiff returned with a shera as "refused'. The plaintiff filed HRC no. 2169/88 under Section 21 (1) (a) and (h) of the Karnataka Rent control Act. Said HRC was dismissed holding that there is no relationship of landlord and tenant. Aggrieved by the said order, plaintiff filed HRRP No. 1237/1993. Even the said HRRP was also dismissed by order of this Court dated 13. 1. 2000. However, an observation was made that, the dismissal will not come in the way of the plaintiff to agitate his rights before the competent Court and the observation will not prejudice the suit that may be filed by the party. Further case of the plaintiff is that, he has filed this suit for possession based on the title.