VIJAY P. SHAH Vs. M.M. MAHESH

JUDGEMENT

(1.) THIS revision petition is filed under Section 18 of the Karnataka Small Cause Courts Act, 1964, challenging the judgment and decree dated 24.11.2014 passed in S.C. No. 1877/2011 by the Small Causes Court, Bengaluru, directing the petitioner to vacate and hand over vacant possession of the petition schedule premises within 90 days from the date of the judgment.

(2.) FACTS , stated in nutshell are, that the plaintiff claiming to be the landlord of the premises in question, instituted the suit O.S. No. 1584/2007 on the file of the City Civil Court, Bengaluru, seeking possession of the suit schedule premises and for damages at the rate of Rs. 20,000/ - per month from the date of termination of tenancy till the date of delivery of possession along with costs.

(3.) DEFENDANT -petitioner herein entered appearance and filed his written statement on 16.12.2008. He contended that the suit schedule property was let out to the defendant by the plaintiff and one M.S. Papanna who was none other than the uncle of the plaintiff. He pleaded his ignorance with regard to the assertions made by the plaintiff that plaintiff was the absolute owner of the shop premises. He further contended that advance amount of Rs. 33 lakhs was paid by the defendant to the plaintiff and M.S. Papanna. He denied the receipt of legal notice sent by the defendant. In paragraph 8 of the written statement, he specifically contended that as the annual rent payable in respect of the suit schedule property was Rs. 36,000/ -, the suit filed before the City Civil Court was not maintainable as the Court of Small Causes was given pecuniary jurisdiction to try the suits of the value of less than Rs. 50,000/ - and that the said pecuniary jurisdiction of the Small Causes Court had been subsequently enhanced to Rs. 1 lakh, and therefore, the City Civil Court had no jurisdiction to entertain the suit.