RAGHAVENDRA SHET Vs. VEERASHAIV SAMAJ

JUDGEMENT

(1.) This matter is listed for admission. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.

(2.) This CRP is filed under Sec. 115 of CPC challenging the rejection of an application filed under Order VII Rule 11 read with Sec. 151 of CPC vide order dtd. 15/9/2021 passed in O.S.No.31/2019 on the file of the Principal Civil Judge and JMFC., Sagara, Shimoga.

(3.) The main contention of the learned counsel appearing for the tenant before the Trial Court is that by invoking the provisions under Order VII Rule 11 read with Sec. 151 of CPC that the petition schedule premises is a commercial premises, measuring 84.8 sq.ft and Sec. 2(g) of the Karnataka Rent Act is applicable and no jurisdiction to entertain the suit. Hence, rejected the plaint. Per contra, learned counsel appearing for the landlord took the contention that the petition schedule premises though less than 14 square meters, rate of rent is Rs.3,000.00 and the premises situated within the local limits of the City Municipal Council and governed by Karnataka Municipalities Act, 1964, and falls within the category of Part B cities of first schedule of the Karnataka Rent Act. Hence, the suit itself is maintainable and not under HRC Act. The Trial Court having considered the pleadings as well as the contention of the respondent and also the objection statement came to the conclusion that the premises is located within the City Municipal Council and governed by Karnataka Municipalities Act 1964, and falls within the category of Part B cities of first schedule of the Rent Act . The rate of rent is fixed at Rs.2,000.00. If it is less than Rs.2,000.00, HRC Act is applicable and more than Rs.2,000.00, the suit is maintainable. Hence, rejected the application.