C.S. SHESHAGIRI Vs. SMT. JAYALAKSHMI

JUDGEMENT

(1.) This House Rent Revision Petition is placed before this Division Bench by virtue of the order of reference passed by the Honourable Chief Justice on 17.3.2015. The learned Single Judge, who sought the reference, has framed the following two questions.

(2.) In order to answer the aforesaid questions, it is necessary to know the factual background and for the sake of convenience, the parties are referred to as they are referred in the original proceedings.

(3.) The petitioner Smt. Jayalakshmi filed HRC No. 299/2008 invoking provisions of Sec. 31(a) and (c) read with Sec. 27(2)(a)(b) and (r) of the Karnataka Rent Act, 1999 (for short, hereinafter referred to as 'the Act') seeking eviction of the respondent Sri. C.S. Seshagiri from the schedule premises, of which she is the owner. The respondent was a tenant of the schedule premises on a monthly rent of Rs. 100/ -. On the ground that he did not pay the rents from 01.03.1981 to 31.12.2007 i.e., for 322 months amounting to Rs.32,200/ - in spite of repeated requests and demand, a legal notice came to be issued calling upon him to pay the said amount. When the rents were not paid, he became liable for eviction under Clause (a) of Sec. 27(2) of the Act. In fact, the petitioner had preferred an eviction petition under Sec. 21(1)(a)and (b) of the Karnataka Rent Control Act, 1961, which came to be repealed. In the said proceedings, the respondent contended that he was not a tenant but was in possession of the schedule property in part performance of agreement of sale dated 14.05.1979. Relying on such a plea, the earlier eviction proceeding was dismissed. Thereafter, the respondent filed O.S.No.3507/1987 for enforcement of the specific performance of the agreement of sale dated 14.05.1979 and it was decreed after contest. The petitioner preferred RFA No. 891 2004 against the said judgment and decree before this Court. This Court by judgment and decree dated 18.09.2006, allowed the appeal, set aside the decree of the trial Court and dismissed the suit for specific performance. However, this Court directed refund of Rs.27,000/ -to the respondent with interest @ 6% p.a. After the said decree in RFA No. 89/2004, the jural relationship of landlord and tenant was revived and the petitioner deposited Rs.27,000/ -in terms of the decree of the Appellate Court, which the respondent was entitled to withdraw.