P. GANGADHARA PATIL Vs. MADHAVARAO M.K.

JUDGEMENT

(1.) The present petition is directed against the order passed by the Principal District Judge in Civil Revision (Rent) Petition No.2/2007 on 23.2.2010. The revision petitioner initiated eviction proceedings under the relevant provisions of Karnataka Rent Act-1999 by filing eviction petition in HRC No.8/2006 on the file of the Prl.Civil Judge (Jr.Dn.), Davanagere.

(2.) Respondent herein had contested the same by filing an application under Section 43 of Karnataka Rent Act, 1999 by denying the very existence of jural relationship of landlord and tenant.

(3.) The case put forth by the respondent herein in HRC No.8/2006 is that though he was inducted originally as tenant by the petitioner, same has been merged with the agreement of sale executed by the petitioner in his favour on 4.8.1994 agreeing to sell the suit schedule property for a sum of Rs.1.95 Lakhs. It is further stated that the petitioner has received a sum of Rs.20,000/- as advance out of the agreed consideration of Rs.1.95 Lakhs on 4.8.1994 while executing the agreement of sale. The case put forth by the respondent herein is that the petitioner has received a sum of Rs.1.35 Lakhs in all towards agreed consideration and therefore the relationship of landlord and tenant does not exist.