KUTTI KRISHNA Vs. NARAYANAMMA

JUDGEMENT

(1.) This civil revision petition is filed by the tenant-respondent in S C No.2405/2011 on the file of the 13th Additional Court of Small Causes, at Bengaluru being aggrieved of the judgment and decree dated 17.08.2012 directing the petitioner to quit, vacate and hand over vacant possession of the schedule premises to the petitioner within three months.

(2.) The facts of the case are that respondent filed the suit for ejectment on the ground that she is the owner of half share in suit property No.123, in Staircase of B V K Iyengar Road, next to Hotel Shalikar, measuring 4 x 11 feet as per the judgment in O S No.565/1996. The petitioner was inducted as tenant from 20.11.1978 on a rent of Rs.110/- per month by mother of respondent Smt.Narasamma. After death of mother of the respondent, she got issued legal notice on 6.6.1994. The petitioner neither paid the rent nor vacated the premises. Hence she filed the suit.

(3.) The petitioner filed the written statement admitting the tenancy but contended that respondent is not the absolute owner of the suit premises. The petitioner admitted having filed suit against the respondent and her sister for the relief of injunction in O S No.146/2009and also H R C No.1807/1994 for deposit of rent in the name of sister of the respondent. The petitioner denied arrears of rent at Rs.85,200/-. It is contended by the petitioner that respondent has no locus standi to file the suit and that the respondent has not complied the provisions of Section 106 of T P Act.