BHAWANIDAS RAMDAS & SONS Vs. M.P.NAMRATHA

JUDGEMENT

(1.) The respondent in HRC.171/2014 on the file of Chief Judge, Court of Small Causes, Bengaluru, (SCCH -1) has come up in this revision petition impugning the order of eviction dated 28.7.2015.

(2.) The main grounds of contest are as follows: Firstly, that the petition for eviction which is filed under Section 31(1)(a) of the Karnataka Rent Act, 1999 ('the Act' for short), is not maintainable, inasmuch as the respondent - tenant, petitioner herein was not inducted into the petition schedule property by the petitioner before the Court below, respondent herein or her husband. Therefore, she could not have invoked the provisions of Section 31(1)(a) of the Act. Secondly, that the reliance placed on Section 42(6) of the Act is inappropriate in the facts and circumstances of the case, for the reason that the statement of objections filed by the respondent - tenant is accepted. Therefore, question of seeking leave to contest the petition does not arise and that receiving the statement of objections itself amounts to grant of leave. Thirdly, that the Court below while passing an order of eviction has not granted any time for vacating the petition schedule premises. Further, though there is no ground raised with reference to maintainability of the petition regarding the finding given by the trial Court with reference to measurement of the building, at the time of admission that was also pressed into service.

(3.) Heard the learned counsel for the revision petitioner - tenant as well as the contesting respondent -landlord. The revision petitioner is admittedly tenant of petition schedule property. One of the objection, which was raised in the statement is that the respondent - tenant is not properly represented on the ground that respondent was a proprietary concern and the same was belonging to one Rukmini Bai, she not being made as a party, the petition is not maintainable along with other defences which were taken to oppose the petition. Also various other grounds were raised including the petition not being maintainable as well as with reference to measurement of the property is more than 14 square meters, therefore, petition for eviction is not maintainable under the provisions of the Act.