G SRINIVASA SHETTY Vs. TOWN SAHAKARA SANGHA (N)

JUDGEMENT

(1.) Heard Sri.Sunil Kumar, learned counsel appearing on behalf of Sri. Madhusudan for petitioner. Perused the case papers.

(2.) Respondent herein has filed a suit O.S.No.211/2015 against writ petitioner-defendant seeking decree of ejectment and also for recovery of arrears of rent.

(3.) On service of suit summons, defendant has appeared, filed his written statement and denied the averments made in the plaint. During the pendency of the proceedings an application came to be filed by the defendant to direct the plaintiff to furnish lease agreement entered into between plaintiff and Nursing Home, which was said to have been inducted subsequent to issuance of termination notice to defendant. It was the claim of defendant that the ground on which ejectment was sought for by the plaintiff is suit schedule property is in a dilapidated condition and said plea is false since plaintiff themselves had leased out second floor to one Dr. Asha K. Choudri for a period of 25 years for running a Nursing Home under lease agreement dated 29.01.2010, which would establish the falsity of plaintiff's claim. Said application is said to have been allowed, pursuant to which plaintiff has furnished photocopy of lease agreement dated 29.01.2010 including letter addressed by it to Dr.Asha K. Choudri dated 29.01.2010 and resolution dated 27.01.2010.