PANKAJ L. KOTHARI Vs. T.K. NAGARAJ

JUDGEMENT

(1.) The lone respondent of a small causes case bearing S.C.1845/12 pending on the file of the XVI Small Causes Judge, Bengaluru City, Bengaluru, has filed this petition under Article 227 of the Constitution of India challenging the order of dismissal of her application under Section 151, C.P.C. read with Section 8(1) of the Karnataka Small Causes Courts Act, 1964.

(2.) The respondent herein is the plaintiff in a small cause case bearing No. S.C.1845/12, a petition filed for eviction of this petitioner from the suit schedule premises bearing No.1846/B, 4th Cross, "D" Block, Rajajinagar II Stage, measuring 1,700 sq. feet. The petitioner herein being the sole defendant in the said suit had challenged the jurisdiction of the Small Causes Court to entertain the petition for eviction in the light of denial of the existence of the jural relationship of landlord and tenant between himself and the plaintiff, T. K. Nagaraj. The said application has been dismissed by a considered order dated 29.11.2013.

(3.) Parties will be referred to as plaintiff and defendant as per their ranking before the trial court.