KANTHALAKSHMI Vs. G.S. SHESHACHALA

JUDGEMENT

(1.) This revision petition is filed challenging the order dated 04.06.2014 passed by the Chief Judge, Court of Small Causes, Bengaluru, thereby dismissing the petition filed by the revision petitioner under Sec. 27(2)(a), (g) & (r) of the Karnataka Rent Act, 1999 (for short, 'the Act') seeking eviction of the respondent -tenant from the petition schedule premises.

(2.) HRC Petition No. 208/2013 was filed by the revision petitioner contending that he was the absolute owner of Schedule A premises bearing Municipal Khatha Old No. 1733/48 and New No. 52, PID No. 8 -30 -52 situated at Gayathri Nagar, Bengaluru, consisting of residential site and AC Sheet roofed house described in Schedule B, which was part of Schedule A property.

(3.) Schedule A property originally belonged to one M.S. Srinivas and the same was purchased by the petitioner vide sale deed dated 10.05.2012. The said Srinivas had informed his tenant about the sale transaction and petitioner had also informed the respondent regarding the purchase, whereupon the respondent assured that he would vacate Schedule B property. Respondent had requested the petitioner that he would continue as tenant under the petitioner on a monthly rent of Rs. 1,000/ - and to pay advance amount of Rs. 10,000/ -. However, when the petitioner approached the respondent, he evaded the request made by the petitioner and denied the very ownership of the petitioner over the schedule property. Petitioner contended that the premises was needed for his own use and occupation to effect improvements. She also alleged that the respondent was not paying rent as agreed. She caused a legal notice terminating the tenancy and called upon the respondent to hand over possession. The notice sent was returned with an endorsement 'not claimed', and hence she was constrained to institute the eviction proceedings.