P. SANDEEP TRICHY Vs. M.R. RAMESH

JUDGEMENT

(1.) This petition is listed to Admission. Heard the learned counsel appearing for the respective parties.

(2.) This revision petition is filed challenging the order dtd. 5/3/2022 passed in S.C.No.1596/2019 by the Trial Court in allowing the application filed under Order VII Rule 11(d) read with Sec. 151 of CPC consequently, the suit of the plaintiff is rejected.

(3.) The counsel for the revision petitioner vehemently contend that the Court below has committed an error in coming to the conclusion that the suit is not maintainable and HRC Act ought to have been invoked and the very conclusion arrived by the Trial Court is erroneous. The counsel would vehemently contend that Sec. 2(3)(e) of the Karnataka Rent Act, 1999 (for short 'the Rent Act ') is clear that what are the subject matters are excluded under the Rent Act . The counsel for the petitioner brought to notice of this Court to Sec. 2(3)(e) of the Rent Act and contend that when Sec. 2(3)(e) is very specific that standard rent is exceeds Rs.3,500.00, the landlord cannot file any petition under the Rent Act . The counsel would vehemently contend that rate of rent is Rs.4,500.00 per month. Hence, as per Sec. 2(3)(e) of the Rent Act, if the rent is payable more than Rs.3,500.00, the Rent Act is not applicable. Hence, the Trial Court has committed an error in allowing the application. Hence, it requires interference.