VINATHA MADHUKAR HALDIPUR Vs. N.A. ANANTARAM

JUDGEMENT

(1.) The respondent in RCA No. 29/2009, pending on the file of I Addl. Civil Judge, Hubballi, has come up in this revision impugning the concurrent finding rendered by both the Courts below on an application filed by him in I.A. No. 6 under section 43 and (2) of Karnataka Rent Act, 1999, in the said proceedings.

(2.) The brief facts leading to this HRRP are that the petition for eviction in RCA No. 29/2009 is by the respondent herein claiming himself to be the owner of property bearing CTS No. 457/7, 457/6B and 457/8, situated on Club Road, Hubballi. Admittedly all the three properties are one contiguous unit bound by the schedule as shown in the petition in RCA No. 29/2009 in the trial Court.

(3.) Admittedly the CTS No. 457/7 is one portion of the entire property where the building with ground and first floor is located and CTS No. 457/6B is outer portion of the same property and CTS No. 457/8 is garage portion of the said property which is together bounded as stated supra. Admittedly the said property was property of one Siddalingappa Bulla and the same was let out by him to Madhukar Haladipur on monthly tenancy in or around 1936-37.