B PARAMASHIVAIAH Vs. M K SHANKAR PRASAD

JUDGEMENT

(1.) THESE three revision petitions are filed by the tenants challenging the order passed in H. R. C. Nos. 10044/06, 10045/06 and 10043/06 by the order dated 30-11-2007 passed by learned XV Addl. Small Causes judge (SCCH-19), Bangalore. The said eviction petitions filed by the respondent landlords under sections 27 (2) (a), (r) and 5 of the karnataka Rent Act, 1999 have been allowed granting the petitioners six months' time to quit and hand over the vacant possession of the schedule premises. Since common questions arise in these revision petitions, they have been taken up for hearing together and are disposed of by this common order. Although the schedule premises in the three revision petitions are different, the parties in these revision petitions are common and have common interest.

(2.) THE relevant facts of the case are that respondents who are the landlords had initi-ated eviction petition under Section 27 (2) (a), (r) and under Section 5 of the Karnataka Rent act, 1999 seeking eviction of the petitioners/ tenants from the respective schedule premises on the ground that they, being the landlords, had required the premises for their own use and that the tenants had failed to deposit the rents and on account of the death of the original tenant, the tenancy has ceased by virtue of Section 5 of the Act.

(3.) ON receipt of notice from the trial Court, the petitioners herein appeared and filed their statement of objections contending that by virtue of agreement of sale dated 3-3-1993, between the parties, the schedule premises in all the three cases were agreed to be sold by the respondents to the petitioners for a valuable consideration and that they were in possession of the premises by virtue of the said agreement of sale w. e. f. 3-3-1993 and therefore the petitions for eviction filed by the respondents herein were not maintainable and hence the same ought to be dismissed.