Vilas Kudva vs Vinod.D Arur
2023 Latest Caselaw 10302 Kant

Karnataka High Court

Vilas Kudva vs Vinod.D Arur on 12 December, 2023

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                                                   NC: 2023:KHC:45060
                                                 RSA No. 1366 of 2023




               IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 12TH DAY OF DECEMBER, 2023

                                   BEFORE
             THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

                REGULAR SECOND APPEAL NO.1366 OF 2023 (RES)

            BETWEEN:

               VILAS KUDVA
               S/O N.VISHWANATH KUDVA
               AGED 52 YEARS
               BUSINESSMAN
               R/AT BALEHONNUR
               B'KANABURU VILLAGE
               N R PURA TALUK
               CHIKMAGALURU DISTRICT - 577101

                                                        ...APPELLANT
            (BY SRI. T.A.KARUMBAIAH, ADVOCATE)

Digitally   AND:
signed by
ALBHAGYA       VINOD D.ARUR
Location:      S/O DINAKARA ARUR
HIGH
COURT OF       AGED ABOUT 74 YEARS
KARNATAKA      R/AT KAREHADLU ESATE
               BALEHONNUR
               N R PURA TALUK
               CHIKMAGALUR DISTRICT - 577101

                                                      ...RESPONDENT
            (BY SRI. MAHESH B J, ADVOCATE)
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                                               NC: 2023:KHC:45060
                                          RSA No. 1366 of 2023




      THIS RSA IS FILED UNDER SECTION 100 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 22.05.2023
PASSED IN R.A NO.07/2023 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND JMFC, N.R. PURA, DISMISSING THE
APPEAL AND CONFIRMING THE JUDGMENT AND DECREE
DATED 06.01.2023 PASSED IN O.S.NO.61/2021 ON THE FILE
OF THE CIVIL JUDGE AND JMFC, N.R. PURA AND ETC.

      THIS APPEAL, COMING ON FOR PART HEARD IN
ADMISSION,        THIS   DAY,   THE    COURT    DELIVERED    THE
FOLLOWING:


                            JUDGMENT

The captioned second appeal is filed by the

defendant - tenant assailing concurrent judgments

rendered by both the Courts, wherein the plaintiff -

landlord suit for ejectment is decreed by both the Courts.

These concurrent judgments are under challenge by the

defendant - tenant.

2. Heard learned counsel appearing for the

defendant - tenant and learned counsel appearing for the

plaintiff - landlord.

NC: 2023:KHC:45060

3. For the sake of brevity, the parties are

referred as they are ranked before the Trial Court.

4. The learned counsel appearing for the plaintiff

- landlord has brought to the notice of this Court that the

decree is executed and possession is taken.

5. On examining concurrent findings recorded by

both the Courts, this Court would find that the plaintiff by

issuing legal notice vide Ex.P.2 has terminated tenancy.

Both the Courts referring to the evidence on record have

answered issue No.1 in the Affirmative and have held that

plaintiff has succeeded in proving that lease in favour of

defendant is legally terminated by issuing a quit notice

under Section 106 of the Transfer of Property Act.

6. Both the Courts have concurrently held that

defendant has failed to substantiate that there are arrears.

Both the Courts have proceeded to grant an order of

ejectment. On examining the concurrent findings and

having regard to the fact that the plaintiff has already

NC: 2023:KHC:45060

taken possession by executing a decree, this Court is more

than satisfied that no indulgence is warranted at the hands

of this Court. If the plaintiff has succeeded in establishing

that he has legally terminated tenancy, I do not find any

infirmities in the concurrent judgments rendered by both

the Courts.

No substantial question of law arises for

consideration.

Accordingly, the appeal is dismissed.

Pending applications, if any, are also dismissed.

Sd/-

JUDGE

NBM