LAWS(KAR)-2015-1-130

AVINASH LAL CHANDANI Vs. P.A. NIRANJAN

Decided On January 20, 2015
Avinash Lal Chandani Appellant
V/S
P.A. Niranjan Respondents

JUDGEMENT

(1.) Present Revision petition is filed under Section 46(1) of Karnataka Rent Act-1999. Revision Petitioners herein were the respondents in an eviction petition filed by the respondents herein under Section 27(2)(i)(ii)(j), 31(1)(a) & (c) of Karnataka Rent Act 1999 in case bearing No.87/13 which was pending on the file of the Court of Chief Judge, Small Causes Court, Bangalore. Learned Chief Judge has allowed the said eviction after contest directing the petitioners herein to quit and deliver the vacant possession of a residential premises bearing No.23, PID No 49-54-23 (old No. E-10) first floor Shankar Mutt Road Bangalore-560004.

(2.) The Trial Court has dismissed the eviction petition in so far as it relates to Section 27(2)(j) and Section 31(1)(a) & (c) of Karnataka Rent Act 1999. While allowing eviction petition, the learned Judge has mainly held that there exists the relationship of land lord and tenant between the revision petitioners herein and the respondents. Consequently, the Trial Court has held that the tenants are liable to be evicted on the ground of expiry of five years from the date of the death of the original tenant. It is this order of eviction which is called in question on various grounds urged in this petition.

(3.) Parties will be referred to as petitioners and respondents as per their ranking in the Trial Court.