CHIKKAMMA Vs. GANESH RAO

JUDGEMENT

(1.) This Civil Revision Petition is filed by the defendant No.1 in SC No.1304 of 2018 on the file of Court of Small Causes Judge, Bangalore, challenging the judgment dtd. 3/8/2021, whereby the suit came to be decreed.

(2.) For the sake of convenience, the parties in this petition shall be referred to in terms of their status and ranking before the trial Court.

(3.) Brief facts for the adjudication of this petition are that the plaintiff claims to be absolute owner of the suit residential property bearing No.89/143 situate at Gidadakonenahalli, Yeshawanthpura Hobli, Bangalore North Taluk, totally measuring 800 sq.ft. The plaintiff has stated that the plaintiff acquired the suit schedule property as per the registered Sale Deed dtd. 30/9/2015 from its erstwhile owner-Smt. Sujatha B. It is further averred that the defendants have entered into oral rental agreement with the said Smt. Sujatha agreeing to pay monthly rent of Rs.2,000.00 and same was continued to pay to the incumbent owner, after the purchase of the suit schedule property by the plaintiff. Thereafter, as the defendants have not paid the rent regularly, the plaintiff requested the defendants to vacate the premises, however, the defendants pleaded that they will pay immediately after arranging the funds and are also making alternative arrangements to shift from the schedule property. Since the defendants have not vacated the land in question, the plaintiff has issued legal notice dtd. 21/6/2018, calling upon the defendant to vacate the premises and in view of the said fact, the plaintiff filed SC No.1304 of 2018 before the trial Court, seeking relief of ejectment of defendants from the schedule property.