S. MANJUNATH Vs. NAGARAJA

JUDGEMENT

(1.) This plaintiff's appeal arises out of the judgment and decree dated 17.2.2005 passed by XIV Additional City Civil Judge, Bangalore (CCH-28) in O.S.No.248/2001. By the impugned judgment, the trial Court has dismissed the suit of the plaintiff for declaration of his title over plaint 'B'schedule property and for possession.

(2.) The suit 'A- Schedule Property is a house bearing No. 9, situate at Sy.No.69/1 of Jar-aganahalli Village, Uttarahalli Hobli, Bangalore South Taluk. The suit 'B' schedule property is a portion of the structure measuring 10''x 20''in 'A- schedule property. The respondent is defendant before the trial Court. For the purpose of convenience, parties will be referred to hereafter with their ranks before the trial Court.

(3.) The case of the plaintiff in brief is as follows:- Suit 'A'schedule property originally belonged to plaintiff's elder brother, Sri. Nagarajaiah. He was a bachelor. He executed a registered Will dated 13.2.1992 bequeathing 'A- schedule property in favour of the plaintiff. He died on 13.9.1992. On his death, by virtue of the Will, the plaintiff has succeeded to the property as absolute owner thereof. The defendant was residing in suit 'B' schedule property as a tenant. The plaintiff filed an eviction petition against the defendant in H.R.C. No. 193/1996 before the Court of Small Causes, Bangalore, under Section 21(1)(A), (H) of the Karnataka Rent Control Act. In the said petition, defendant disputed the jural relationship. The Small Causes Court dismissed the said petition holding that no jural relationship of landlord and tenant exists between the parties. The defendant is in unauthorized occupation of suit 'B' schedule property without paying any rents for use and occupation of the suit 'B' schedule property. Average rent for such property in that area is Rs. 100/- per month. Thus, the plaintiff claims declaration of his title to the suit property by virtue of the Will, possession and damages of Rs. 3,500/- per month and further mesne profits at Rs. 100/- per month.