V DHAKASHAYANI Vs. A V ANANTHAPADMANABHA

JUDGEMENT

(1.) This revision petition is directed against the order dated 13.07.2015 passed by the Court of Small Causes, Bengaluru, in HRC No.192/2014 rejecting the application filed by the respondent-tenant under Section 43(2)(b) of the Karnataka Rent Act, 1999 (for short, 'the Act').

(2.) Respondent herein has filed a petition in HRC No.192/2014 under Section 27(2)(r) and Section 29(r) of the Act, seeking eviction of revision petitioner. He has urged that the revision petitioner was the tenant under his vendor. After he purchased the property bearing Site No.701 vide registered sale deed dated 07.12.2012, the revision petitioner has continued as tenant under him. He has issued a legal notice calling upon the tenant to vacate the premises expressing that he required the premises for his bona fide use and occupation. When the tenant did not vacate, he has filed the eviction petition.

(3.) The tenant resisted the petition contending inter alia that she has been in occupation in the house constructed in Site No.701/A situated next to the property bearing Site No.701 and in order to grab the property the landlord had made an attempt to file the above petition on the basis of false allegations. It was also contended that the landlord had already filed a suit for declaration and mandatory injunction in O.S.No.5450/2013 against third parties contending that the said persons had encroached upon her property bearing site No.701 and constructed a building thereon. It was urged that when the petitioner had taken such a stand stating that he had purchased a vacant site and third parties had encroached, it was not open for him to contend that there was a structure in the property in which the revision petitioner was a tenant under his vendor.