K.M. MANJUNATH Vs. ERAPPA G. DEAD

JUDGEMENT

(1.) This Special Leave Petition has been filed assailing the Judgment and final order dtd. 19/4/2022 in Civil Revision Petition No.500/2013 passed by the High Court of Karnataka at Bengaluru.

(2.) The Revision Petition was filed challenging the dismissal of the suit for ejectment passed by the XVth Additional Judge and Court of Small Causes, Bengaluru. The schedule property was the Shop bearing No.12 in the ground floor bearing Khata No.6/1 situated at Erappa Layout, Banaswadi Main Road, Bengaluru, measuring 13 feet X 24 feet.

(3.) The petitioner herein, viz., defendant therein, took up a contention that there was no valid termination of tenancy as per Sec. 106 of the Transfer of Property Act, 1882 (for short 'TP Act'). The Trial Court upheld the said contention after analysing the evidence on record and dismissed the suit on the sole ground that there was no valid termination of tenancy and hence, suit for ejectment was not maintainable.