SHAILAJA Vs. M.C. SHIVANNA

JUDGEMENT

(1.) THIS revision petition is filed by defendant/tenant under Section 18 of the Karnataka Small Causes Courts Act challenging the legality and correctness of the judgment dated 15.09.2014 passed in S.C. No. 3179/2011 by the Small Causes Court, Bengaluru, thereby decreeing the suit filed by the plaintiff/landlord/respondent herein and directing the defendant to vacate and handover vacant possession of suit premises to the plaintiff within three months from the date of the judgment.

(2.) S .C. No. 3179/2011 was filed contending inter alia that defendant was the tenant of the premises bearing No. 3 (Old No. 3A) situated in the ground floor at Mariswamappa Lane, S.J.P. Road Cross, Bengaluru, measuring 38.5' X 8.3'. According to plaintiff, he being owner of the property had leased the same in favour of the defendant on a monthly rental of Rs. 2,170/ -. Plaintiff issued legal notice calling upon the defendant to vacate the premises. When defendant did not vacate, plaintiff terminated the tenancy followed by institution of the suit.

(3.) THE Court below, on appreciation of evidence on record, has found that jural relationship of landlord and tenant was not disputed and stood established. As regards, measurement of the suit premises, Court below has placed reliance on Ex. P9 - reply given by the defendant to the legal notice issued by plaintiff, wherein she had stated that measurement of the premises was 21' X 7'. The Court below has found that even if measurement as stated in the plaint was not taken and the measurement of the property as stated by the defendant in the reply to the legal notice is taken, the same would come to 147 sq.ft which was more than 14 sq. mtr. and therefore, suit was maintainable.