BHAVESH C. CHOUHAN Vs. A. RAJESHKUMAR

JUDGEMENT

(1.) This petition is filed challenging the order dtd. 26/9/2022 passed in S.C.No.1035/2019 on the file of XII Additional Court of Small Causes and ACMM, Bengaluru.

(2.) This matter is listed for admission. Heard the learned counsel for the petitioners and also the learned counsel for the respondent on merits with the consent of respective counsel.

(3.) The factual matrix of the case of the respondent herein is that the plaintiff before the trial Court contend that originally the suit schedule property belongs to the family and there was a division in the family and the plaintiff is the absolute owner of the property bearing old No.73, new No.141 situated at Corner of Arcot Srinivasachar Street, Sultanpet Main Road, Bengaluru, consisting of ground, first and second floor measuring East to West: 40 feet and North to South: 40 feet. The plaintiff acquired a portion of the above said property measuring East to West: 32 feet and North to South: 40 feet, as per the judgment and decree in O.S.No.5140/1990 and also he purchased the property measuring East to West: 8 feet and North to South: 40 feet, as per the sale deed dtd. 15/10/2013 and totally property measuring East to West: 40 feet and North to South: 40 feet and accordingly, the katha and other documents stands in the name of the plaintiff. It is also the case of the plaintiff that the defendants are the children of one Champalal who is the elder brother of the plaintiff. In order to maintain the cordial relationship and also having great respect upon defendants father, the plaintiff had entered into partition deed with the defendants on 28/6/2018. Since the defendants are the parties to the said partition deed and the defendants are aware of the said partition and the terms of the partition. Under the said partition both the defendants are allotted property measuring East to West: 15 feet and North to South: 40 feet as per 'C' schedule in the said partition deed. Accordingly, the plaintiff is also allotted property measuring East to West:25 feet and North to South: 40 feet as per 'B' schedule in the said partition. Thus, the plaintiff became the absolute owner of the property which is allotted to his share and accordingly, all the revenue entries are made out in the name of the plaintiff. The defendants are a permissive tenants under the plaintiff to an extent of property measuring East to West: 9 feet and North to South: 40 feet. As per the terms of the partition deed, the defendants are allowed to continue as permissive tenants in respect of the suit schedule property and also in terms of the compromise, the defendants have to quit, vacate and handover the vacant possession of the schedule property to the plaintiff on or before 31/12/2018. For use and occupation of the suit schedule property the defendants are paying rent in a sum of Rs.5,000.00 per month and accordingly, the defendants have paid the admitted rent till 31/12/2018 and thereafter, the defendants have not come forward to quit, vacate and handover the vacant possession of the suit schedule premises. Hence, the legal notice was issued. Since there was no any rental agreement between the plaintiff and also there was a recital in the documents itself with regard to evict the defendants from the premises under the Tenancy Act when the defendants did not vacate the premises, hence, without any other alternative, a suit is filed.