SURESH Vs. PADMA K. BHAT

JUDGEMENT

(1.) The respondent-tenant in on the file of Small Causes Court, Bangalore, has come up in this revision petition impugning the order of eviction dated 24.3.2015.

(2.) The facts on record would disclose as under: The petition schedule property in is a residential premises bearing No.529 situated at OTC Road, Balepet, Bangalore - 53 within the limits of BBMP with PID No.28-1-529 which is having a different measurement on all four sides, as stated in schedule 'A' to the petition, which together comprises of 262 square metres and bounded as stated in scheduled 'A' to the petition. It is stated that in a portion of said property there exists a residential portion, which consists of ground and first floors and in the said building the extent of property which is said to be in occupation of tenant is built up area of 12x15 feet in the ground floor and 20x25 feet in the first floor of said building, which is shown as petition 'B' schedule property. So far as the other portion of said building is in a dilapidated condition, for the reason that said building is more than 70 to 75 years old according to the tenant and nearly 100 years old according to landlord.

(3.) The fact that the respondent in court below, revision petitioner herein is a tenant in the said property, more particularly in petition 'B' schedule property for more than 30 to 40 years is not in dispute, inasmuch as the tenancy was taken by his father from the erstwhile owners of petition schedule property on monthly rent of Rs.75/- with the tenancy month commencing from the first day of English calendar month to the last day of the same month.