C RADESH Vs. JAYANTILAL CHANDULAL KOTHARI

JUDGEMENT

(1.) THIS revision is by the landlord aggrieved by the rejection of the eviction petition filed by him in HRC 200/2002. Eviction petition was filed under Section 40 of the Karnataka Rent Act, 1999 by the landlord seeking for possession of the vacant open space measuring 40 x 80 ft. bearing No. 14, Situate at I Main Road, Seshadripuram, Bangalore for his bonafide requirement

(2.) AFTER filing of the petition, during pendency, respondent filed an IA under Order 7 Rule 11(a) & (d), CPC to reject the plaint AFTER hearing the parties, the trial court has dismissed the eviction petition filed by the landlord while allowing the application filed by the respondent Hence, this revision.

(3.) AT the outset, the trial Judge failed to note that the application itself is filed under Section 40 of the 1999 Act and not under Section 27(2)(r). A glaring error has been committed by the trial court in observing so without noticing under what provision the petition was filed.