MOHAMMED ASLAM KHAN Vs. SARAVANA ESWAR P KUMAR

JUDGEMENT

(1.) This case involves complicated facts but the issue that arises for consideration lies in a narrow compass i.e., "whether the Small Causes Court had jurisdiction to entertain eviction petition and order eviction of the petitioners without a written agreement of lease?".

(2.) The above contention is based on sec. 4 of the Karnataka Rent Act, 1999, (for short 'Rent Act, 1999'). Submission of the learned counsel for the petitioners is that in the absence of any written agreement of lease as per sec. 4 of the Rent Act, 1999, the Small Causes Court could not have exercised jurisdiction to order eviction of the petitioners under the provisions of the Rent Act, 1999.

(3.) The undisputed facts are that the petition schedule premises was originally owned by one Sri. T.S. Nanjundaiah Shetty. He died somewhere in the year 1938 leaving behind his last Will and Testament bequeathing the schedule premises to his adopted son Sri. T.N. Prasannakumar reserving life interest in favour of his wife Smt. T.N. Lalithamma. The predecessor of the petitioners Aktar Mohammed Khan was inducted as a tenant in the petition premises by the aforesaid Lalithamma on payment of rent of Rs.15.00 per month. She initiated proceedings for eviction of the aforesaid Aktar Mohammed in HRC No.6453/1980 under sec. 21(1) (a) (h) and (f) of the Karnataka Rent Control Act, 1961(for short 'Rent Control Act')- This petition was dismissed on 31/8/1983. The revision petition preferred against the said order also appears to have been dismissed.