SYED RIYAZ AHMED Vs. K.B. MARIYAPPA

JUDGEMENT

(1.) The revision petitioner - tenant being the respondent in HRC.No.10014/2017 on the file of the learned V Additional Small causes Judge and XXIV Additional Chief Metropolitan Magistrate, Mayohall Unit, Bengaluru (SCCH 20), is impugning the judgment dtd. 12/2/2019 allowing the petition filed by the petitioner therein; directing the tenant to vacate the schedule premises; to hand over the vacant possession within 30 days, pay damages at the rate of Rs.3,500.00 per month for use and occupation of the schedule premises and holding that the petitioner is entitled to adjust the amount that is due from the security deposit of Rs.1,00,000.00 paid by the tenant and to refund the balance amount.

(2.) For the sake of convenience, the parties shall be referred to as per their rank and status before the Trial Court.

(3.) Brief facts of the case are that, the petitioner - landlord filed HRC No.10014 of 2017 before the Trial Court against the respondent - tenant under Sec. 27(b)(r) of Karnataka Rent Act, 1999, (for short 'KR Act') seeking for an order directing the respondent to vacate and hand over the vacant possession of the schedule shop premises and also to direct to pay the user charges in respect of the petition schedule premises from the date of petition till handing over the possession.