MOHAMMED IBRAHIM Vs. SHEERAZ BANU

JUDGEMENT

(1.) THE present petition is filed challenging the order of eviction passed by the learned Judge MACT, Court of Small Causes, Bangalore SCCH 4 dated 4.9.2014 in HRC No. 485/07.

(2.) PETITION filed under Section 27(a) and (r) of Karnataka Rent Act 1999 has been allowed and consequently petitioner herein has been directed to vacate and handover vacant possession of the schedule property measuring in all 120 Sqft and also to pay a sum of Rs. 3,500/ - which is due from 1.10.2004 to 31.8.2007 as arrears of rent. It is this order which is called in question on various grounds as set out in the present petition.

(3.) THE petitioner herein has filed detailed objections opposing the petition application on various grounds inter alia contending that petition for eviction is not maintainable either in law or facts and that the very identity of the property is in dispute and that he has acquired the title by adverse possession being in possession for more than 17 years and that he has not paid rents to any person and that there were several landlords after the original owner Ismail Khan, who sold the property to Saleem and who inturn sold the same to Mehaboob Pasha. The petitioner herein is stated to have purchased the property from Mehaboob Pasha. It is his case that the earlier owners did not claim any arrears of rent and as such there is no relationship of landlord and tenant.