LEELADHARA Vs. VIVEK MOHAN SHENOY

JUDGEMENT

(1.) The petitioner is before this Court assailing the order dated 18.12.2015 passed in RRP No.27/2015 on the file of the Principal Sessions Judge, Dakshina Kannada, Mangaluru, confirming the order dated 23.11.2015 passed in HRC No.2/2015 as at Annexures-A and B to the petition.

(2.) The respondent herein has instituted an eviction petition under Section 27 (2) (p) and (r) and 42 of the Karnataka Rent Act, 1999 ('the Act' for short). The petitioner herein has filed objections not only disputing the jural relationship of landlord and tenant between the petitioner and the respondent, but also contending that in that circumstance, an eviction petition of the present nature under the Act would not be maintainable.

(3.) In that view of the matter, the petitioner herein also filed an application under Section 43 of the Act in HRC No.2/2015 seeking that the further proceedings therein be stayed and the petitioner be directed to approach the Civil Court to establish his title to the petition schedule property.