GURUPRASAD ARADHYA Vs. ARAVIND REVANKAR

JUDGEMENT

(1.) This is a tenant's revision petition filed under Section 115 of Civil Procedure Code, 1908 challenging order of Revisional Court dated 9-9-2014 passed in HRC RR No. 22 of 2012 whereunder revision petition filed by petitioner herein under Section 46(2) of Karnataka Rent Act, 1999 came to be dismissed and order of eviction passed by Principal Civil Judge (Junior Division) and Judicial Magistrate First Class, Sagar, dated 12-10-2012 in HRC No. 6 of 2011 allowing the petition filed under Section 27(2)(r) of Karnataka Rent Act, 1999 came to be affirmed. I have heard the arguments of Sri H.S. Suresh, learned Counsel appearing for petitioner. Perused the orders in question. Parties are referred to as per their rank in Trial Court.

(2.) Petitioner sought for eviction of respondent from the petition schedule premises under Section 27(2)(a) and 27(2)(r) of the Karnataka Rent Act, 1999 contending inter alia that respondent is a tenant on a monthly rent of Rs. 900/- and he is running a cassette shop in the petition schedule premises and he is a chronic defaulter in payment of rents. Notice issued by landlord on 1-6-2012 calling upon respondent-tenant to pay arrears of rent of Rs. 69,300/- has been returned by postal authorities as "unclaimed" and even thereafter tenant has not paid rents. It was also contended that petitioner is a Goldsmith by profession and he is carrying on his work in his residential premises and intends to commence business on a larger scale in the petition schedule premises to earn more and lead a happy and comfortable life and as such he require the petition schedule premises. On this ground he prayed for petition being allowed. On service of summons, respondent appeared and filed his statement of objections denying the averments made in the eviction petition. He admitted the relationship of landlord and tenant and denied that he was in arrears of rent. He also contended that at the time of inception of lease he had paid a sum of Rs. 90,000/- as earnest money to landlord. All other averments made in the eviction petition came to be denied. Before Trial Court petitioner got himself examined as P.W. 1 and in all produced six documents and got it marked as Exhibits P. 1 to P. 6. Respondent stepped into witness-box and he got marked two documents as Exhibits D. 1 and D. 2. Learned Trial Judge after hearing the learned Advocates appearing for the parties formulated following points for its determination:

(3.) After considering the pleadings, evaluation of evidence tendered by parties, Trial Judge has come to a conclusion that petitioner has failed to prove the point relating to arrears of rent and as such dismissed the eviction petition filed under Section 27(2)(a) of Karnataka Rent Act, 1999. However accepting plea of bona fide requirement, petition filed under Section 27(2)(r) came to be allowed by order dated 12-10-2012.