M ETHIRAJ Vs. SMT FARIDA KHANUM

JUDGEMENT

(1.) PETITIONER is the landlord of the premises in question, of which the respondent is the tenant. The petitioner filed eviction petition under Section 27 (2) (r) of the Karnataka Rent Act, 1999, for eviction of the respondent from the schedule premises. The court below dismissed the eviction petition the ground that the Rent Act is not applicable to such premises as the eviction petition is filed within 15 years of completion of the construction of the building in which the premises is situated.

(2.) THE premises in question is in the ground floor of the building, which has totally three floors that is ground first and second. Petitioner is aged about 70 years. According to him, he has suffered heart attack and he was advised rest and further advised not to climb stairs, etc., Wife of the petitioner is stated to be a diabetic patient, having arthritis and experiences pain while climbing the stairs. For the present the petitioner is residing in the first floor of the building and according to him, it is very inconvenient for the couple to climb the stairs very often. Since there is no other reasonably suitable alternative accommodation available to the petitioner, he filed the eviction petition on the ground that he needs the premises for his bona fide use and occupation. THE petition was opposed by the respondent - tenant by interalia contending that the premises in question is a new premises and that the eviction is field within 15 years of its construction. As aforementioned, the Court below dismissed the eviction petition as not maintainable only on the ground that the Rent Act is not applicable to such premises as the eviction petition is field within 15 years of the construction of the building in question.

(3.) ADMITTEDLY, the Lease Agreement Ex.P-11 was entered into between the parties on 20th of April 1989. Thus, it is clear that the tenant has occupied the premises in and around 20th of April 1989. The eviction petition has been filed on 23.11.2004. If really the building was not completed as on 20th of April 1989, the tenant would not have agreed to occupy the premises and would not have occupied the premises then. In this context, it is relevant to note the admissions of the tenant in his cross-examination. The tenant has categorically admitted that, after negotiation, the Lease Agreement was entered into as per Ex.P-11, and that he has paid advance amount; that when he occupied the petition premises, the landlord had already residing in the first floor portion that is above the petition premises; that landlord did not undertake any construction of the building after the tenant occupied the petition premises. These admissions would amply go to show that the tenant has occupied the ground floor portion and at that point of time, the landlord was occupying the first floor portion of the building. Which means, the landlord had already occupied the first floor of the building when the tenant had entered into an agreement. It implies that the building was already completed at least upto I floor when the lease agreement was entered into. Subsequent to the induction of the tenant in the premises, it seems that, some sort of construction took place above the first floor i.e., the second floor of the building, for which the tenant is not concerned. It is also admitted by the tenant that he is not put to any sort of trouble by the construction undertaken by the landlord in the year 1992-93. Merely because further construction is made on the second floor by the landlord in 1992-93, it cannot be said that the premises in question was constructed in the year 1992-93. ADMITTEDLY, the tenant is residing in the ground floor of the building. Thus at any stretch of imagination, it cannot be said that the eviction petition is filed within 15 years of the construction of the premises in question. As aforementioned, the Lease Agreement was dated 20th of April 1989 and whereas, the petition is filed on 23.11.2004. This itself goes to show that the eviction petition is filed much after 15 years of the construction of the premises.