SAROJAMMA W/O PUSHPARAJ Vs. SRI PUTTARAJU (SINCE DECEASED BY HIS LRS P. MAMATHA D/O B. PUTTARAJU AND SRI NIKIL KUMAR S/O B. PUTTARAJU REPRESENTED BY THEIR NATURAL GUARDIAN/SMT. LAKSHMAMMA) AND SMT. LAKSHMAMMA W/O B. PUTTARAJU

JUDGEMENT

(1.) THE respondent before the trial Court is questioning the orders passed on I.A. II dated 10 -11 -2009 in HRC 180/2007 on the file of the XI Addl. Judge, Court of Small Causes, Bangalore.

(2.) THE facts in nutshell are as follows: Respondent herein initiated eviction proceedings against the tenant in HRC 180/2007 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. 71C 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.) ON service of notice respondent -tenant appeared before the Court below and filed statement of objections contending that there is no jural relationship of landlord and tenant and it was contended that petitioners were strangers and there was no privity of contract and at no point of time she had paid any rents to the petitioners. She further contended that one Muniraju who claims to be an agreement holder in respect of the property referred to above had filed a suit on the file of the City Civil Court in O.S. No. 8566/2006 for specific enforcement of agreement to sell and hence it was contended that there is serious dispute with regard to title of the property in question.