DATTA MURTHY Vs. B.R. PRAKASH

JUDGEMENT

(1.) The Petitioner is before this Court seeking for the following reliefs:

(2.) S.C. No.585/2019 filed by the respondent herein before the XXI Addl. Small Causes and Addl. MACT (SCH-23) in respect of shop bearing No.3, which is part of Old No.650/1, New No.1, IV Block, 10th 'D' Main, Jayanagar, Bengaluru- 560 011 seeking for eviction of the Petitioner.

(3.) The Petitioner appeared before the trial Court and filed his written statement contending that there is no jural relationship between the petitioner and respondents No.2 and 3 to give a cause of action to institute the suit. In response to the legal notice dated 25.01.2019 issued by respondents No.1 and 2, the Petitioner had called upon respondents No.1 and 2 to furnish authenticated copies of the documents relied upon in the said legal notice. Instead of complying with the same, respondents No.1 and 2 advised the Petitioner to obtain the certified copies of the said documents. It is contended that there is no attornment of tenancy in any manner required. Though it is contended that respondents No.1 and 2 have become owners in the year 2005, they could not have issued the legal notice after 14 years, i.e. on 25.1.2019, and that Petitioner is in default of payment of rentals. It was further denied that the petition had sub-let a portion of the shop on daily rental of Rs.300/- per day. It is contended that the Petitioner could not lead his evidence in the matter due to his ill health and for other reasons beyond his control.