C. JAVERILAL MANDOT Vs. BALAWANT

JUDGEMENT

(1.) THIS Revision Petition is filed against the order of the Chief Judge, Court of Small Causes, Bangalore, in HRC. No. 256/2010 filed by the petitioner herein under Section 27(2) (a) (r) (i) of the Karnataka Rent Act, 1999 (hereinafter referred to " the Rent Act' for short).

(2.) THE petitioner is a Lessee in respect of petition schedule property under one Sri Jagadguru Renukadi Panchacharya Free Boarding Samsthe, Bangalore. The respondent was inducted as tenant by the petitioner in pursuance of Deed of Lease dated 8.10.1990 in respect of shop No. 3 in the first floor of the building measuring 80 sq. ft. on a monthly rent of Rs. 801/ -, which has been enhanced from time to time. For the present, the respondent is paying Rs. 3,250/ - per month. Stating that respondent is a defaulter in payment of rent from 1.4.2010 amounting to Rs. 19,500/ -, the petitioner filed eviction petition before the Court below. The same was contested by the respondent. The trial Court having raised the points for consideration with respect to arrears of rent, requirement of the petition schedule property for the use and occupation of the petitioner and also with regard to availability of alternative accommodation, answered the points in the negative and dismissed the petition as not maintainable. As against this, petitioner has filed the present Revision Petition.

(3.) THE learned counsel appearing for the respondent submits that there is no error committed by the trial Court in dismissing the petition on the ground of maintainability.