V. BABU DEVADIGA S/O PADDA DEVADIGA Vs. V. NARAYAN KAMATH S/O LATE RAMAKRISHNA KARANTH AND SHANKAR DEVADIGA S/O SUKRA DEVADIGA

JUDGEMENT

(1.) THE , Appellant herein is the defendant in O.S. No. 225/2002. The mitt in question was filed by the plaintiff seeking the possession of the suit schedule property. The first defendant was the tenant in respect of the suit schedule premises. The trial Court after considering the rival contentions has decreed the suit by its judgment and decree dated 5.6.2006. The first defendant was before the lower Appellate Court in RA No. 57/2006. The flower Appellate Court by its judgment dated 16.7.2008 has affirmed the judgment of the trial Court and has dismissed the appeal. The first defendant is therefore before this Court in this Appeal against the concurrent judgments rendered by the Courts below.

(2.) HEARD the learned Counsel appearing for the parties find perused the appeal papers.

(3.) THE defendants by their written statement though admitted the first defendant as a tenant, had disputed the subletting of the premises. It was eon fended that the suit was liable to be dismissed since the quit notice which was issued was not in accordance with the provisions of Section 106 of the Transfer of Property Act inasmuch as 15 days notice bad not been given. Therefore the dismissal of the suit was sought for.