ROOP CHAND Vs. K S SUNANDA,

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree, dated 29.6.2013 passed by the Court of the III Additional City Civil and Sessions Judge, Bangalore in O.S.No.7185/2004.

(2.) THE parties are being referred to as per their ranks in the suit proceedings. The case of the plaintiff in brief is that she has become the absolute owner of the schedule property by virtue of the sale deed, dated 7.6.1978 executed by Sri S.Revanna. On purchasing it, she got the khatha changed in her name. She has been paying the property tax to the BBMP. The defendant was a tenant under the plaintiff's vendor Sri S.Revanna from 20.4.1973 for a period of 11 months on initial rent of Rs. 375/ -. By virtue of attornment, the defendant later became her tenant paying the monthly rent of Rs. 850/ -. She issued the notice, dated 27.7.2004 terminating the lease. On the defendant sending untenable reply and refusing to vacate the premises in question, she filed the suit.

(3.) THE defendant filed the written statement denying the plaint averments and allegations. The defendant contends that he is neither a partner of M/s. Prakash Umbrella Manufacturing Company nor the tenant of the schedule premises. There is no jural relationship of the land -lord and tenant between the plaintiff and the defendant. The plaintiff has no locus standi to file the suit. The Court has no territorial jurisdiction. As the premises in question do not exceed 14 sq.mts., the suit ought to have been filed before the Court of Small Causes invoking the provisions of the Karnataka Rent Act, 1999.