SRINIVAS Vs. THIRU MARGADARSHI CONSTRUCTIONS PVT. LTD.

JUDGEMENT

(1.) This revision is directed against the order passed in HRC No. 287 of 2009 on the file of the Small Causes Judge, Bangalore City allowing the petition under Section 27(2)(a) of the Karnataka Rent Act, 1999 and directing the petitioner to deposit a sum of Rs. 71,390/- towards arrears of rent. Heard Sri G.G. Shastry, learned Counsel for the petitioner and Sri P. Rajashekar, learned Counsel for the respondent and perused the records made available.

(2.) The records reveal that the respondent-company registered under the provisions of the Companies Act, 1956 presented the eviction petition under Section 27(2)(a) and 27(2)(r) of the Karnataka Rent Act, 1999 (for short 'the Act') seeking eviction of the petitioner on the assertive contention that it (petitioner before the Trial Court) is a company incorporated under the Companies Act. By virtue of a deed of sale dated 2-2-2008, the respondent-company purchased the property described in the schedule as evidenced by the sale deed produced as document 1, from D. Narayana Rao and his sons namely, Sri N. Srinivasa Rao, N. Nagaraj and Sri N. Manjunath and thus acquired right, title and interest over the said property. In the year 1999 (sic), the respondent-company altered the ground floor residential house and made it a commercial shop facing 10th Cross Road on North and also altered the rear portion of the said property to accommodate office premises. It has constructed the first floor which has been used for the purpose of Administrative Office.

(3.) The petitioner is shown as a tenant of the vendors of respondent-company on a monthly rent occupying a shop measuring 8' x 10' described in the schedule to the plaint. It is alleged that the revision petitioner did not pay any advance to the vendors of the company but is occupying it as a tenant on payment of rent of Rs. 2,500/- p.m., apart from the charges for consumption of electricity. It is further alleged that on 11-2-2008, the petitioner approached Smt. Vani Narayan, the Director of the company and agreed to pay rents due to the company from 2-2-2008 at Rs. 2,500/- p.m., but failed to comply with the undertaking. Thus, it was alleged that he was a chronic defaulter in payment of rent and is liable to pay rent at Rs. 2,500/- p.m. plus electricity consumption charges at Rs. 237/- due on 26-4-2008 and Rs. 500/- due on 14-6-2008. They relied on documents 4 and 5 showing payment of amount by the revision petitioner. They referred to the issuance of statutory notice terminating tenancy before initiating proceedings.