SHIVAJI Vs. MURTUJA

JUDGEMENT

(1.) This Regular Second Appeal is by the defendants in O.S.No.227/2004 on the file of the I Additional Civil Judge (Jr.Dn.) and JMFC, Dharwad and in respondents in R.A.No.33/2009 on the file of the Principal Civil Judge (Sr.Dn.) and CJM, Dharwad.

(2.) For the purpose of convenience, the parties are referred to as per their ranking before the trial Court.

(3.) Plaintiff filed the suit for the relief of permanent injunction in respect of the suit schedule property not to evict him without due course of law. Plaintiff's grievance is that the subject matter of suit property bearing CTS No.332A of Manikilla, Dharwad was rented out by the defendants' father to the plaintiff's father for the purpose of running a motor garage. Plaintiff's contention is that Hanumantrao Sanglikar who was the owner of the suit property, i.e., father of the defendants rented the suit property to the plaintiff's father Mohammed Hussain Kaladagi and Mohammad Hussain Kaladagi erected a temporary structure for the purpose of running a motor garage under the name and style "Modern Garage" on rental basis of Rs.5/- and it was enhanced from time to time up to Rs.100/-. The defendants have not issued any receipt.