R JAGANNATHA Vs. P S SRIDHARA MURTHY

JUDGEMENT

(1.)

(2.) The Trial Court in this case has passed a decree where under, the appellant was directed to restore possession of the disputed premises and to pay up the arrears that are accrued at the rate of Rs. 200/- per month. Against that decree, the present appeal has been filed and the decree has so far not been given effect to by virtue of the interim orders obtained from this Court. It also transpires that no payments have been made in satisfaction of that decree. For a variety of reasons, the appeal has been lingering since the year 1993 and has not even come up for admission. The respondent's learned Advocate took out an I.A. pointing out the state of affairs and asking for appropriate orders whereupon, the office was directed to place the appeal for admission.

(3.) The appellant's learned Advocate has argued at some length and has also drawn my attention to certain relevant portions of the record of the Lower Court. This is a transaction which dates back prior to the year 1981. The respondent-plaintiff who is an Advocate by profession, states that he had engaged the service of three persons to carry out certain repairs and thereafter, since they requested him to allow them to use a small part of the premises, that he did so purely out of humanitarian considerations because, they were unemployed young persons. The dispute is in relation to one of the three and the plaintiffs case is that he had continued in occupation and that he had agreed to pay a licence fee of Rs. 200A per month which also he defaulted in doing and that consequently, in view of certain unfortunate developments which took place, the plaintiff was required to approach the Court and prayed for a decree for possession.