LAWS(KAR)-2016-6-197

M.K. KURL VILLA Vs. SMT. S. VASANTHA

Decided On June 23, 2016
M.K. Kurl Villa Appellant
V/S
Smt. S. Vasantha Respondents

JUDGEMENT

(1.) The respondent in HRC No. 11047 of 2013 on the file of XV Additional Judge, Court of Small Causes, Mayo Hall Unit, Bengaluru (SCCH.19), has come up in this revision petition impugning the judgment dated 11-3-2016.

(2.) Admittedly, the revision petitioner is the tenant and respondent herein is the landlady of a corner shop in the cellar portion of the property bearing No. 135/2, Garden Restaurant Buildings near Jyothinivas College, 5th Block, Koramangala, Bengaluru. The proceedings in HRC No. 10047 of 2013 were initiated by the landlady under Section 27(2)(r) read with Sec. 31(1)(a) of the Karnataka Rent Act, 1999 (hereinafter referred to as 'the Act') seeking eviction of the respondent therein, who is revision petitioner in this proceedings, from the petition schedule premises.

(3.) The material on record would indicate that the respondent in the eviction petition is tenant in respect of the aforesaid shop from 29-11-1982 on a monthly rent of Rs. 300.00. Initially, he was tenant under K.M. Venkatappa, father-in-law of the petitioner-landlady. The records would disclose that a sum of Rs. 8,000.00 was deposited by respondent-tenant as refundable security deposit. Subsequently, after the death of said K.M. Venkatappa, he has continued as statutory tenant of the petition premises by paying rent to the petitioner-landlady through money order. It is stated that from March 2013, he has not paid the rent till the date of filing of the eviction petition.