MOHAMMED ZAKAULLA Vs. C MUNIREDDY

JUDGEMENT

(1.) THESE two revision petitions are by the tenant and the landlord of a commercial premises bearing No. 5/13, 16th cross, Lakkasandra, Bangalore-30, measuring east-west 12 feet and north-south 12 feet, 5 which premises was the subject-matter of hrc No. 424 of 2002, on the file of Chief judge, Court of Small Causes, Bangalore.

(2.) THE eviction petition by the landlord titled as one under Section 27 (2) (a) and (o) of the Karnataka Rent Act, 1999 (for short, the act), having failed in terms of the order dated 13-4-2007, though technically under the impugned order it was sought that the eviction petition under Section 27 (2) (a) is allowed, the eviction petitioner not having achieved his objective of getting the premises, has while preferred HRRP No. 193 of 2007 seeking for eviction of the tenant from the premises based on the Section 27 (2) (o) ground, the trial Court having allowed the petition under Section 27 (2) (r) of the Act also, though it was not a head under which the eviction had been sought for in the petition nor prayed for in the prayer column, the tenant has come up to this Court to avoid eviction order purporting to be one under Section 27 (2) (o) and (r) of the Act, as indicated by the trial Court.

(3.) IT is this single order which has given rise to the above two revision petitions, one by the landlord and the other by the tenant. Both revision petitions having been admitted, had come up for orders and the learned counsel for the parties have requested the Court to take up the main matter for disposal and pass orders.