S. SHASHIDHARA RAO Vs. M. VISHWANATH AND OTHERS

JUDGEMENT

(1.) THE petitioner has filed a petition before the Trial Court under Section 31(1)(c) r/w Section 27(2)(a) of Karnataka Rent Act of 1999 for eviction of the tenants from the premises bearing No. 271, HMT Employees Co -operative House Building Society Ltd., situated at Mathikere layout, Bangalore -54 in Corporation ward No. 3.

(2.) IT is the case of the petitioner that he purchased the petition schedule premises under a registered sale deed dated 15.9.1980 from HMT Employees Co -operative House Building Ltd., and he is the absolute owner of the same. Originally the father of the 1st and 2nd respondent and the husband of the 3rd respondent was tenant since 1998 and the rate of rent per month is Rs. 3,250/ - Admittedly the tenancy is month to month commencing from 1st of every calendar month. On the death of original tenant -Muniswamachar, his legal representative -respondents continued to be in possession of the petition scheduled premises. They neither paid the rents nor deposited the same since from March 2002. According to the petitioner, he is a senior citizen and also he is retired from HMT in the year 1991 and his children who are highly educated, running an industry in the name and style called Bangalore Tool Room and his wife and his married children are also residing with him. It is stated that the present accommodation available in his house is not sufficient for their family members. They wanted to shift the family to the petition schedule premises. Hence they are in need of the premises in question. Hence this petition.

(3.) I .A. 2 was filed by the petitioner herein under Section 151 of CPC to dispose of the case in terms of the judgment render by this Court P.J. Surendranath Vs. S.P. Pandurangan, ILR (2003) KAR 2965 stating that when the leave has not been granted by the Court to the respondents, then the Court has to pass an order of eviction as per the deemed provision.