SURENDRA NAYAK Vs. A M MOHAMMED SHAFI

JUDGEMENT

(1.) The petitioner, Mr. Surendra Nayak, has challenged. the legality of the order dated 27.06.2011, passed by the III Additional District Judge, D.K., Mangalore, whereby the learned Judge has dismissed the petitioner's revision petition filed under Section 46 (2) of the Karnataka Rent Act ('the Act', for short), wherein the petitioner had challenged the order dated 28.01.2011, passed by the Principal Civil Judge, Mangaluru, in HRC No.11/2009, whereby the learned Civil Judge had dismissed the petitioner's application under Section 43 of the Act.

(2.) Briefly the facts of the case are that the petitioner is a tenant in a suit property bearing Door No.14-3-240, admeasuring 120 Sq.Ft., situated in Manar Complex, Balmatta New Road, Mangaluru. The Manar complex was constructed by M/s. Manar Builders, a partnership firm. The partners of the firm were the family members of one Mr. A.M.Moosa Haji. In the year 2006, the wife of A.M.Moosa Haji, namely Mrs. Aysha Moosa Haji, instituted an eviction suit against one Mr.Subhash Chandra Kini, and Mr. Surendra Nayak, the petitioner before this court. In the said suit, the petitioner took a categorical stand that in fact, he had obtained the schedule property from Mr.A.M. Mohammed Shafi, the plaintiff's son, as per the agreement dated 27.05.2003, on a monthly rent of Rs.1,000/-. He had further claimed that he had paid a sum of Rs.25,000/- as caution deposit by cheque dated 27.05.2003. He further claimed that ever since 2003, he is a tenant of Mr. A.M. Mohammad Shafi, and not of the plaintiff, Mrs. Aysha Moosa Haji.

(3.) Meanwhile, due to certain disputes that arose within the family members of Mr.A.M. Moosa Haji after his death, Mr. A.M. Mohammed Shafi, (the respondent before this court) instituted a civil suit for declaration, namely HRC No.40/2006. In the said civil suit, he sought a declaration that he is the absolute owner of the schedule premises, and also sought the relief of permanent prohibitory injunction against the other members of his family.