T L KUMARASWAMY Vs. JOHN MENEZES

JUDGEMENT

(1.) THE short question that arise for consideration in this revision is as to whether an eviction petition filed under Section 21 (l) (h) of the kamataka Rent Control Act, 1961 corresponding to Section 27 (2) (r) of the Karnataka Rent Act, 1999 be dismissed as premature on the ground that after the purchase of the schedule property the petition was filed within a period of one year.

(2.) THE brief facts of the case are as follows.-The landlord Sri T. L. Kumaraswamy initiated eviction proceedings under Section 21 (l) (h) of the Karnataka Rent Control Act, 1961 in respect of the schedule premises against the tenant Sri John Menezes on the ground that the premises is required for bona fide use and occupation. The respondent-tenant having entered appearance filed objections pleading that the eviction petition is not maintainable and liable to be dismissed under Section 70 (2) (b) of the Karnataka Rent Act, 1999.

(3.) THE learned Judge of the Court of Small Causes recorded a finding that the landlord purchased the schedule premises under the sale deed dated 18-10-2000 whereas, the eviction petition is filed on 27-3-2001 within a period of one year and therefore, the eviction petition is not maintainable and came to be dismissed invoking Section 70 (2) (b) of the karnataka Rent Act, 1999. It is this order which is questioned in the present revision petition.