A C RAMACHANDRA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN this revision petition, respondent is questioning the correctness and legality of the order passed in HRC No.181 of 2007, dated 10-11-2009 on the file of the XI Additional Judge, Court of Small Causes, Bangalore.

(2.) THE facts in nutshell are as follows.- Respondent herein initiated eviction proceedings against the tenant in HRC No.181 of 2007 under Section 27(2)(a) and (r) of the Karnataka Rent Act, 1999. It was contended in the eviction petition that they purchased the property bearing No.72, assessment No.133 K.No.710, Laggere Village, Yeshwanthapura Hobli. Measuring East to West 30 North to South 50" wherein the petition schedule premises is situated under sale deed dated 19-6-2006 from one Sri Anthony Raj. Subsequent to the purchase khatha has also been transferred to their name and they have been paying taxes.

(3.) DURING the pendency of the proceedings an application under Section 43 came to be filed by the respondent-tenant seeking for stay of further proceedings in HRC No.181 of 2007. In the said application respondent contended that Anthony Raj is the absolute owner of the property in question. The application came to be resisted by the petitioner-landlord by filing detailed statement of objections.