B CHIKKANNA Vs. K M JAGADAMBA

JUDGEMENT

(1.) THE appellants-tenants have suffered the decree of eviction and is in appeal. It is the contention that the measurement of the building is less than 14 sq. Meters and that the Karnataka rent Act would attract and that the Civil Court has no jurisdiction to entertain the case.

(2.) THE Counsel for the appellants submitted the above propositions on the ground that the internal measurements of the building as per the Commissioner's report is less than 14 square meters. The exterior measurement of the building if considered, the area is above 14 Sq. Meters. The contention that the carpet area of the building should be taken is untenable. The plinth area of the building is the criteria to assess the total measurements, the find out whether it comes within the purview of the Rent Act of otherwise.

(3.) IN the instant case, plinth of the area is more than 14 sq. Meters Hence, Civil Suit is maintainable. The tenancy is validly terminated by issuance of notice Under Section 106 of the t. P. Act. The tenant has no triable defence. The order of eviction is sound and proper.