SOWCAR T THIMMAPPA Vs. S L PRASAD

JUDGEMENT

(1.) This appeal by the defendant is directed against the Judgment and decree dt. 10-4-1973 in OS.2 of 1971 on the file of the Court of the Principal Civil Judge, Mysore, decreeing respondent-plaintiff's suit for recovery of arrears of rent with interest and costs.

(2.) The facts necessary for the disposal of this appeal, briefly stated, are: Respondent having come into possession of a vacant site in Mysore under a lease granted to him by the Nanjarai Bahadur Chatram Fund Committee. Mysore, granted a sub lease of the same In favour of the appellant, who took the site for the purpose of running a toddy shop therein. It is not disputed that the appellant commenced his business of vending toddy on the said site from 1-1-1968. It is also common ground that there was an agreement of lease dt.31-12-1967 executed between the parties, which, however, was not registered. After being put into possession of the said site, appellant did not make any payments towards rent to the respondent. Pursuant to an order of eviction made In HRC.300 of 1970 on the file of the Court of the Munsiff, Mysore, respondent took possession of the site on 17-12-1972. As to these facts, there is no dispute,

(3.) On 4-1-1971, respondent instituted the suit from which the appeal arises alleging that the appellant had failed to pay rents for the period between 1-1-1968 to 31-12-1970 and sought recovery of the sum of Rs. 18,000 in this behalf together with the sum of Rs.4,320 claimed as Interest prior to suit on the unpaid rents.