KRISHNAPPA Vs. H SRINIVAS RAO

JUDGEMENT

(1.) THIS house rent revision petition filed under Section 46 (1) of the karnataka Rent Act, 1999 is directed against the order dated 11-10-2002 passed on memo dated 4-2-2002 by the Trial Court in a pending hrc No. 1623 of 1997 on its file. The memo was filed praying for dismissing the eviction petition as not maintainable.

(2.) THE Trial Court having dismissed the memo and having declined to dismiss the eviction petition as prayed for, the aggrieved tenant is in revision petition before this Court.

(3.) I have heard Sri N. G. Sreedhar, learned Counsel for the petitioner. Learned Counsel submits that the Trial Court should not have dismissed the memo particularly in view of the provisions of Section 27 (2) (r) of the Karnataka Rent Act, 1999 read with Section 70 (2) (b) of this Act. It is the submission of the learned Counsel for the petitioner that the eviction petition which had been filed way back in the year 1997 and which had been actually presented on 25-5-1995 even within a period of one year from the date from which eviction petitioner had purchased the property which had been tenanted as on that day and in favour of the present revision petitioner. Learned Counsel submits that the eviction petition had been filed under the provisions of Section 21 (l) (h) of the predecessor Act and this eviction petition could be continued under the present Act provided the present Act applies to the premises in question and to consider the petition in accordance with the corresponding provisions of the present Act.