(1.) APPELLANT was the defendant and Respondent was the plaintiff in O.S. No. 4747/2000 on the file of the City Civil Court, Bangalore City. Suit filed by the respondent for decree of ejectment and for damages/mesne profits against the appellant having been decreed by Trial Court on 4.4.2007, this appeal is filed questioning he same. For convenience, parties will be referred to hereinafter with reference to their rank in the suit.
(2.) THE preface of the Hon'ble Supreme Court at paras 2 and 3 in the decision of M/s. Ambalal Sarabhai Enterprises Ltd. Vs. M/s. Amrit Lal and Co. and Another, AIR 2001 SC 3580 is apt to be noticed in this appeal by a Public Sector Bank -appellant, to consider the point raised by it for our decision. Hon'ble Supreme Court has observed as follows:
(3.) BASED on the pleadings, 7 issues were framed by Trial Court for consideration. Manager of plaintiff deposed as PW -1 through whom Exs.P.1 to P.9 were marked. Manager of defendant deposed as DW -1 through whom Exs.D.1 and D.2 were marked. Considering the evidence on record and contentions of the parties, Trial Court has held that, plaintiff is the owner of suit property; that it has lawfully determined the lease; that the suit is maintainable; that plaintiff is entitled to vacant possession of suit property and damages. The suit was decreed directing the defendant to quit, vacate and deliver vacant possession of suit schedule property to the plaintiff within 90 days. Aggrieved thereby, this appeal has been preferred.
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