ATHAULLA KHANGARAGE Vs. C SAMUEL EDWINMYSURU

JUDGEMENT

(1.) These two appeals are in respect of concurrent findings rendered in two litigations arising out of OS.No.396/1997 and 38/2000 at the instance of 1st defendant in said suits.

(2.) First of the litigations in OS.No.396/1997 is in RSA.No.1471/2010. Coming to this appeal, the suit in OS.No.396/1997 is filed by the plaintiff (1st respondent in this appeal) against the 1st defendant (appellant) and 2nd defendant (2nd respondent) for the relief of recovery of arrears of rent, wherein the plaintiff would contend that himself and defendants have entered into a Rent Karar on 21.6.1993 on a monthly rent of Rs.1,200/- for use and enjoyment of the property bearing No.7/1, situated at Dewan's Road, Devaraja Mohalla, Mysuru, measuring east to west 100 feet and north to south 100 feet . Out of which, the subject matter of Rent Karar is towards north, east to west 100 feet and south to north 50 feet; towards west, east to west 50 feet and north to south 75 feet; towards south east to west 75 feet and south to north 50 feet. The said suit is admittedly for recovery of rent at the rate of Rs.1,200/- from May 1994 till date of filing of the suit, which was calculated at Rs.39,200/- after giving deduction to a sum of Rs.4,000/- which is the amount said to be paid by 1st defendant to the plaintiff in another proceedings between the same parties.

(3.) Now coming to second appeal in RSA.No.378/2015, which is arising out of OS.No.38/2000, it is by Ataulla Khan, proprietor of M/s. Megha Motor Garage, who is appellant in RSA.No.1471/2010. In other words, the appellant in both appeals are one and the same. In second appeal the appellant is individual and in first appeal, the appellant is proprietory concern with the name of garage, which is being run by him as proprietor. In the present suit the relief sought by plaintiff is eviction of 1st defendant - Ataulla Khan and 2nd defendant - Usman Shariff. In this suit it is stated by the plaintiff that defendants are running the garage in the name of M/s. Megha Motor Garage. The other pleadings in this suit are also more or less similar except the prayer which is sought towards arrears of rent is Rs.74,000/- as against Rs.43,200/- and the other reliefs are for possession of suit schedule land, for enquiry into mesne profits, for costs and such other reliefs.