CHINNASWAMY K. Vs. THEOSOPHY COMPANY

JUDGEMENT

(1.) The present revision petition is preferred seeking quashing of the judgment and decree dtd. 8/6/2023 in S.C. No. 1507/2017 on the file of IX ASCJ, Small Causes an Addl. MACT, Bangalore, allowing the respondent's suit for ejectment with a direction to the petitioner herein to vacate the suit schedule property and hand over possession of the same to the respondent herein.

(2.) The respondent-Company contends that the petitioner was appointed at their establishment as a watchman and as per the terms of this employment, the petitioner herein was given medical benefits as well as rent-free quarters for the purpose of accommodation in the schedule property that belonged to the Company. The petitioner attained the age of superannuation on 30/11/2016 but refused to vacate the schedule property. It was further contended that upon receiving no response to the legal notice sent by the respondent-Company, a suit for eviction was filed against the petitioner herein in S.C. No. 1507/2017, which came to be decreed in their favour. Hence the present revision petition.

(3.) Per contra, it is the contention of the petitioner that the defendant herein is a non-existent company and that his family had perfected their title to the suit schedule property by way of adverse possession, and, for this reason, the suit for eviction was not maintainable. The petitioner also averred that he was not employed by the plaintiff-company but was selling vegetables in the neighbourhood along with his father, in addition to engaging in some gardening work in the area. It is further stated that since the suit schedule building was in a dilapidated condition, the petitioner's family restored the same and began living in it.