SHAIK ISMAIL SHAIK MOIDIN Vs. RAMACHANDRA MAHABALESHWAR RAIKAR

JUDGEMENT

(1.) This appeal is posted for orders. Having regard to the fact that it can be disposed of an a short point, by consent of learned Counsel appearing on both sides, it is treated as being on the list for hearing today, and heard for final disposal.

(2.) This appeal by the plaintiff is preferred against the judgment and decree dated 22-4-1978 passed by learned Civil Judge, Uttara Kannada (Karwar) in R.A. No. 7 of 1977, reversing the judgment and decree dated 10-1-1977 passed by the learned Munsiff, Karwar in O.S. No. 22 of 1975. The respondents are defendants. The appellant in this judgment will be referred to as the plaintiff and the respondents as the defendants.

(3.) According to the case of the plaintiff, the suit schedule property is a shop premises forming part of the building bearing house No. 205/A of Boburwada village situated in Sy. No. 364/5. The original tenant was one Sri Mahableshwar Ramachandra Shet. He died. Defendants 1 to 7 are the heirs of the original tenant-Mahableshwar Ramachandra Shet. Out of them, defendant-4 is using the premises for his sarafi business. Monthly rent of the premises is Rs. 10/ . The tenancy was terminated by issuing a notice in accordance with law.