R. PRASHANTH Vs. RAJESHWARI M.R.

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and learned counsel for the respondent.

(2.) This revision petition is filed challenging the judgment and decree passed in S.C.No.347/2021 dtd. 1/2/2023, wherein the Trial Court decreed the suit and directed the petitioner herein to vacate the premises within three months from the date of the order.

(3.) The factual matrix of the case is that the plaintiff is unable to move out of his house and as such, he has executed the General Power of Attorney in favour of Sri B. Banumurthy to conduct the case. It is his further case that, earlier, the mother of the defendant-Smt. R. Rajeshwari was tenant in the suit schedule premises on a monthly rent of Rs.5,500.00 per month. After her demise, the defendant has been in possession of the suit schedule premises as a tenant. The defendant has paid the rent up to 1/2/2020 and thereafter, not paid the rent to the plaintiff and there is an outstanding arrears of rent due to the plaintiff for a period of three months amounting to Rs.16,500.00. The plaintiff requested for payment of rent but, the defendant did not pay the same. It is also pleaded in the plaint that, suit schedule premises is required to accommodate the watchman and watchman is necessary to manage the entire building. It is further contended that the provisions of Karnataka Rent Act is not applicable to the facts of the case. Hence, sought for an order to direct the defendant to quit and vacate the suit schedule premises.