SHAH MOHANLAL CHAMPAKLAL Vs. BASAVARAJ

JUDGEMENT

(1.) The defendants are in appeal, assailing the concurrent findings of the courts below under judgment and decree dated 03.04.2018 in O.S.No.400/2003 on the file of III Addl.C.J. (Jr.Dn.), Bijapur and judgment and decree dated 30.07.2012 in Regular Appeal No.47/2008 on the file of Principal Senior Civil Judge, Bijapur.

(2.) The parties to this proceedings would be referred to as per their ranking in the suit before the Trial Court. The appellants are defendants and respondent No.1 is plaintiff before the Trial Court.

(3.) The plaintiff filed a suit for eviction and possession of suit schedule property. It is the case of the plaintiff that he is the owner of shop building property CTS No.339 of ward No.3, Basaveshwar road, Bijapur. The defendant - firm is in possession of a shop and hind room ground floor of the premises as a tenant and running a cloth shop in the said premises. The plaintiff states that the annual rent of the suit property is Rs.700.00 per annum. As the plaintiff intends to start his own cloth shop in the suit property in order to augment his income to meet the growing needs, he issued statutory notice under Sec. 106 of the Transfer of Property Act dated 09.01.2003 and terminated the tenancy. The plaintiff also states that on earlier occasion he had filed petition under the provisions of Karnataka Rent Control Act, 1961 and the same came to be abated in view of repeal of the said Act, since the area under occupation of the defendant was more than area covered under the Rent Act. As the defendants failed to vacate the premises on termination of tenancy, the plaintiff was constrained to file the suit, seeking eviction and possession of the suit property.