S SHASHIDARA RAO Vs. M VISHWANATH

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.) The petition was contested by the respondents by filing objections without seeking any leave from the Court to take defence as the petition is filed under Section 31 of the Karnataka Rent Act, 1999. It appears in between the same, some IA's are filed by both the parties. I.As 3 and 4 were filed by the respondents seeking for permission to defend the case. No leave was granted. As such, the objections filed by the respondents were not considered and also on I.A.2 no order is passed at that time.