ejectment suit filed by the first
respondent. The said suit is transferred to the Court
4
where the present partition suit is pending
consideration. After ... present
petitioner is deliberately seeking clubbing of ejectment
suit along with partition suit. The ejectment suit is
filed by the first respondent based
defendants in the suit. Learned counsel would
point out that the present plaintiffs cannot maintain a suit for
ejectment without impleading other co-owners. Referring ... suit which was
filed on 09.08.1995 was a premature suit. Though the suit
was found to be prematurely instituted by the landlord seeking
ejectment
present suit is
filed on 11.06.2015 and therefore, the learned Judge was of
the view that the present suit for ejectment is filed after expiry ... concluded and therefore, the plaintiff is not entitled to
maintain the ejection suit before expiry of the lease period
under Ex.D-1. It would
ADDL. CITY CIVIL
AND SESSIONS JUDGE, BANGALORE, DECREEING THE SUIT
FOR EJECTMENT.
4
THIS APPEAL COMING ON FOR ADMISSION, THIS
DAY, THE COURT DELIVERED ... disposal of the present appeal are as under:
A suit for ejectment came to be filed by the plaintiffs
contending that the plaintiffs have purchased
plaintiff
filed an ejectment suit before the Small Causes Court,
Bengaluru in S.C.No.15541/2011 by issuing a Quit
Notice under the provisions ... ejectment.
Therefore, this Court has to examine the legal effect in
probative force of the earlier judgment rendered in an
ejectment suit. In an ejectment
Additional Civil Judge at Hubli is
justified in entertaining the suit for ejectment
of appellant when the monthly rent was
Rs.1,200/-, more particularly ... Small Causes
Court, a suit for recovery of possession of
immovable property does not include a suit for
ejectment as such, a suit for ejectment
subject premises is only Rs.210/- per month, the
respondents' suit for ejectment must be dismissed.
14. The Court Commissioner, in his report filed ... decision in
K.T.Gowda v. Nagaraj Rao8, a suit for ejectment would be
maintainable.
17. The Small Causes Court has also concluded that
sought for in the suit.
3. Later, the respondents herein filed suit in S.C.
No.45/2015 for ejectment of the petitioner herein from ... first suit, O.S. No.343/2013 was for
declaration and for perpetual injunction while defendant in
the said suit filed a suit
concurrent
judgments and decrees of the Courts below in an
ejectment suit.
2. For the sake of convenience, the parties are referred ... This Court has to bear-in-mind that it is an
ejectment suit filed by the land lord. It is a case of monthly
tenancy
respondents/plaintiff Nos.1 and 2 have
instituted an ejectment suit in O.S.No.3256/2016. The
respondents/plaintiffs have specifically contended that they ... dishonoured for want of sufficient
funds. On these set of grounds, ejectment suit is filed.
3. The present petitioners though tendered
appearance by filing Vakalath