TAHSILDAR, THE DEPUTY COMMISSIONER AND THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT OF KARNATAKA Vs. SRI. D. HALAPPA, RETD. SUPDT. ENGINEER

JUDGEMENT

(1.) THE appellant herein is the defendant in O.S. No. 148/1999. The suit in question was filed by the plaintiff seeking for ejectment and also for the arrears of rent. The trial Court by its judgment and decree dated 31.8.2002 has decreed the suit. The defendant was before the Lower Appellate Court in RA No. 107/2002. The Lower Appellate Court by its judgment dated 25.2.2005 has affirmed the findings of the trial Court and has concurred with the judgment. Against the concurrent findings and judgments rendered by the Courts below, the defendant is before this Court in this appeal.

(2.) THE case in brief is that, the plaintiff is the owner of the premises bearing No. 1708/2 situate at Holalkere town. The said premises was leased to the Taluk Office at Holalkere since the year 1992. Initially, the rent in respect of the property was fixed at Rs. 4000/ - per month. Subsequently in the year 1998, the plaintiff put up certain additional construction measuring 34 ft X 35 ft. The same was also given on lease to the defendant. The fixation of rent in respect of the premises was being made as per the estimate made by the PWD authorities. Accordingly, the rent subsequently was fixed in respect of the ground floor at Rs. 7,400/ - per month and for the extended portion, a sum of Rs. 1,500/ - was fixed and in all the rental payable by the defendant was fixed at Rs. 8,900/ - per month which was the rent payable at the point in time when the plaintiff had sought for possession of the premises and also the arrears of rent.

(3.) THE trial Court taking note of the rival contentions framed as many as 5 issues for its consideration. Pursuant thereto, the parties tendered evidence and the plaintiff examined himself as PW. 1 and one other witness as PW.2 and marked documents at Exhs.P1 to P9. The Tahsildar examined himself as DW. 1 and documents at Exhs.D1 to D5 were marked.