RATHNAMMA Vs. PREMAVATHI

JUDGEMENT

(1.) Order dated 23.04.2014 passed by the Court of Small Causes, Bangalore in H.R.C.No.10040/2009, thereby allowing I.A.No.2 filed by the respondent under Section 43 of the Karnataka Rent Act (for short 'the Act') ordering stoppage of further proceedings in HRC No.10040/2009 with a direction to the parties to approach the Civil Court seeking declaration of their rights and title over the petition schedule premises is challenged in this revision petition.

(2.) Petitioner has filed the eviction petition seeking a direction to the respondent to vacate and deliver vacant possession of the premises contending inter alia that respondent was a tenant under the revision petitioner. Eviction petition is filed under Section 27(2)(b)(c) and Section 31 of the Act.

(3.) Petition averments disclose that premises bearing No.273/26 Old No.1045 situated at Abbigere Main Road, Jalahalli West, Bangalore has been absolutely owned by the plaintiff - petitioner. Defendant respondent entered into an agreement of lease with the plaintiff on 19.01.2004 agreeing to occupy the premises for a period of three years by paying advance amount of Rs.80,000/-. Copy of the agreement has been produced at Annexure B. According to the petitioner, the amount of Rs.80,000/- was refundable at the time when the defendant vacated the premises and it did not carry any interest. It is urged that after the expiry of three years, on 18.01.2007 petitioner demanded vacant possession of the premises but the defendant sought for six months time to vacate. Ultimately, when the defendant did not vacate and as the petitioner was abused and assaulted, a private complaint was lodged followed by the institution of eviction proceeding in the present HRC petition. The petitioner has also sought for a direction to the defendant to pay mesne profits at the rate of Rs.1,500/- with interest for illegal occupation of the premises.