NARAYAN BABURAO SAPAKAL Vs. BASAVARAJ SANGAPPA GULED

JUDGEMENT

(1.) THIS petition is filed by the landlord challenging the order passed by the i Additional District Judge. Dharwad sitting at Hubli in R. R. No. 26/2006 dated 23-3-2007 where under the order passed by the i Additional Civil Judge, Jr. Dn. in RCA No. 30/ 2005 dated 2-9-2006 is set aside.

(2.) THE landlord/petitioner sought eviction of the respondent under Section 27 (2) (e) and (r) of the Karnataka Rent Act, 1999. The trial court on appreciation of the material on record held that the landlord is entitled for an order of eviction as against the tenant and directed the tenant to vacate the premises in question within a period of three months from the date of order which order was the subject matter of challenge in Revision No. 26/2006 filed by the tenant. The Revisional Court upset the order of the trial Court and rejected the claim of the landlord on both the counts holding that the landlord is not entitled for an order of eviction either under Section 27 (2) (e) or under section 27 (2) (r) of the Act which order is challenged before this Court in the form of a revision under Section 115 of CPC.

(3.) I have heard the learned counsel for the petitioner and the learned counsel for the respondent.