ASHOK KUMAR Vs. ANANDA VADIVELLU

JUDGEMENT

(1.) THE petitioner, being aggrieved by the order dated 11th June 2007 passed on I. A. No. V in H. R. C. No. 298/2006 on the file of the additional Judge, Court of Small Causes, (SCCH-9) Bangalore, has presented the instant House Rent Revision Petition.

(2.) THE grievance of the petitioner in this petition is that, petitioner has filed an application under Section 43 of the Karnataka rent Act, 1999 before the Trial Court, in H. R. C. No. 298/2006, seeking appropriate relief to stop all further proceedings and to direct the petitioners therein to approach the competent Court of Civil jurisdiction for declaration of their rights, on the ground that, he is disputing the jural relationship of landlord and tenant. The said application filed by petitioner had come up for consideration before the Trial Court on 11. 6. 2007. The Trial Court after hearing both sides, has rejected the I. A. No. V filed by petitioner in HRC No. 298/2006 holding that, respondents herein have prima facie produced documents to show that schedule property is transferred in their names and respondents therein have got opportunity to rebut the presumption and this is a mixed question of law and fact which requires the evidence and opined that the said application filed by petitioner is not maintainable, when the matter is at the stage of recording the evidence of parties. Assailing the correctness of the order passed by the Trial Court as referred above, petitioner herein felt necessitated to present the instant House rent Revision petition.

(3.) I have heard learned counsel appearing for petitioner and learned counsel appearing for respondents.