SRINIVAS Vs. VENKATESH

JUDGEMENT

(1.) The petitioner has called in question the order dtd. 29/6/2019 passed by VII Additional Judge and ACMM, Court of Small Causes, Bengaluru (Henceforth referred to as 'Trial Court') in S.C.1264/2017, by which the petitioner was ejected from the petition schedule premises.

(2.) A proceeding was initiated by the respondents herein for ejectment of the petitioner, contending that he was a tenant under the respondents and that he failed to pay the rent and had failed to vacate the premises even after a notice of termination was served upon him.

(3.) During the pendency of proceedings and when the case was listed for evidence of the petitioner, he filed an application under Order 7 Rule 10 of CPC for returning the plaint for re-presentation before the Court having jurisdiction, on the ground that the suit premises was less than 14 Sq.mtrs and therefore the provisions of the Karnataka Rent Act, 1999 was alone applicable and a suit before the Small Causes Court was not maintainable.