B KRISHNAPPA Vs. G CHANDRIKA

JUDGEMENT

(1.) THE petitioner herein has challenged the correctness of the judgment and decree dated 28. 7. 2007 passed in Small cause Case No. 357/03 by the learned Chief Judge of Small Causes Court, bangalore, (hereinafter referred to as "the Learned Judge" for short)dismissing the suit for ejectment that was filed by the petitioner - plaintiff.

(2.) DESPITE service of notice of this petition the respondent has remained absent. Though this case is listed today for admission by consent of Sri S. S. Padmaraj, learned Counsel for the petitioner, it is taken up for final disposal and his arguments are heard. The impugned judgment is perused.

(3.) THE present petitioner filed his Small Cause Case No. 357/03 against the respondent, who is none other than his divorced wife, on the ground that she is residing in a portion of the same building in which he has been residing and her stay is continued even after his marriage with her came to be dissolved by a decree granted by the Family Court, Bangalore, in m. C. No. 511/97. Since no right has been conferred upon her in the divorce decree to stay in the said premises, after dissolution of her marriage with the petitioner, the relationship between the petitioner and the respondent became that of licensor and licensee and therefore he claimed possession of it by filing the said ejectment suit.