JUDGEMENT
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(1.) This appeal by the defendant is directed against the judgment and decree
dated 18.4.1981 passed by the XIII
Addl City Civil Judge, Bangalore City,
in RA No.715 of 1980, on his file, dismissing the appeal of the defendant on
confirming the judgment and decree
dated 8.2.1980 passed by the I Addi.
I Munsiff, Bangalore in OS No.2303
of 1974, on his file, decreeing the suit
of the plaintiffs.
(2.) Plaintiffs instituted the suit for
specific performance of the agreement
to surrender the extra space as per the
agreements contained in Exs P-1 and
P-2.
(3.) This Court, in its remand order
dated 2.11.1978 passed in RSA No.108
of 1978 directed the trial Court to raise
two issues and to dispose of the suit
in accordance with law, answering
the two additional issues so raised.
The said issues are:
(1) Whether the suit is maintainable in view of S. 21 (1) of the
Karnataka Rent Control Act?
and
(2) Whether the provisions of the
Karnataka Rent Control Act
would not apply to the facts of
the case in view of the exemption provided in S. 31 of the
Karnataka Rent Control Act?;
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