NANDAMMA Vs. SRINIVASA REDDY

JUDGEMENT

(1.) This revision petition is filed by the tenant - petitioner challenging the order dated 10.07.2015 passed in H R C No. 140/2010 by the XIII Additional Small Causes Judge, Bengaluru (SCCH-15). The court below has allowed the petition filed by the respondent under Section 27(r) of the Karnataka Rent Act, 1999.

(2.) The respondent filed the eviction petition on the ground that he is the absolute owner of the house property No. 10, PID No. 3-65-10 situated at 4th Cross, Ward No. 37, Yeshwanthpura, Bengaluru measuring East to West 17.6 feet and North to South 45 feet i.e., the schedule property, having acquired the same under registered sale deed dated 25.3.2010. The petitioner was residing as a tenant under his vendors and was paying a monthly rent of Rs.500/-. After purchase, he had called the petitioner requesting her to pay rents to him regularly. Accordingly, she agreed and continued in possession of the schedule property. Now he requires the schedule property for his bona fide occupation and for construction of building therein. Despite granting time to the petitioner, she did not vacate the same. Hence he got issued legal notice. The petitioner neither replied nor complied the demand made in the notice. Hence he filed the eviction petition.

(3.) The petitioner-tenant entered appearance and contested the eviction petition. It is her contention that she is not the tenant under respondent. An agreement of sale was executed by one Prabhakar S/o Lakshmaiah in favour of Smt. Sanjeevamma, who is none other than mother of the respondent and Smt. Sanjeevamma was put in possession of the property under the agreement. On the death of Smt.Sanjeevamma on 31.1.2007 the petitioner, R. Venkatesh, R. Raju, Byramma and Annemma, children of Smt.Sanjeevamma, continued in joint possession of the property. Thus the petitioner denied the jural relationship and contended that petition is not maintainable.