LAWS(KAR)-2008-10-37

MAHADEVA Vs. VASANTHA KUMAR

Decided On October 21, 2008
MAHADEVA Appellant
V/S
VASANTHA KUMAR Respondents

JUDGEMENT

(1.) THIS revision is filed by the tenant being aggrieved by the order dated 19. 9. 2007 passed by the Principal Civil Judge (Junior Division), Mysore in HRC. No. 24/2007 as well as the order dated 17. 6. 2008 passed in Rent Revision Petition No. 67/2007 on the file of the I additional District Judge, Mysore, under which the petition filed under section 27 (2) (f) of the Karnataka Rent Act filed by the respondent was allowed and the said order was confirmed by the first revisional Court.

(2.) THE relevant facts of the case are that the respondent/landlord had filed a petition under Section 27 (2) (f) of the Act requiring the eviction of the premises by the petitioner/tenant on the ground that the schedule property was in a dilapidated "condition and the Mysore City Corporation, mysore had ordered demolition of the said building by permission letter dated 29. 1. 2007 and therefore, the same was required to be demolished immediately. It was also stated that earlier HRC. No. 226/1990 was filed by the respondent under Section 21 (1) (j) of the Karnataka Rent Control act, 1961 but the said petition was dismissed on the ground that the condition of the said building was not proved and that there is no impediment for filing the petition under Section 27 (2) (f) of the Karnataka rent Act, 1999.

(3.) THE petitioner herein filed his statement of objections, inter alia, contending that the petition filed under Section 27 (2) (f) was not maintainable and that the same ought to be rejected while denying other allegations made in the eviction petition.