K AMARNATH Vs. PUTTAMMA

JUDGEMENT

(1.) THIS is a landlord's petition under Section 50 (1) of the Karnataka rent Control Act, 1961 ('the Act', for short ). The petitioner filed a petition under clauses (a), (h) and (j) of Section 21 (1) of the Act against the respondent herein in regard to the petition schedule premises, alleging that the respondent was in occupation of the petition premises as tenant under him, on a monthly rent of Rs. 150/ -. The petitioner also averred that the respondent was inducted as a tenant, by his father (H. Krishnamurthy); that subsequently he became the owner of the petition Schedule premises in pursuance of partition decree dated 14-10-1987 passed in O. S. No. 2030 of 1982 on the file of the City Civil Court, Bangalore; that for purposes of convenience, even after petitioner became the owner and landlord of the premises, his father continued to collect the rents, and that after the death of his father, the respondent was directed to pay the rents to the petitioner; and that the respondent has not paid the rents from February 1991. It is not necessary to refer to the pleadings relating to grounds of eviction under clauses (h) and (j) for the purpose of disposal of this petition.

(2.) THE respondent denied that she was in occupation of the petition schedule premises as a tenant. She alleged that petitioner's father krishnamurthy had mortgaged the petition schedule premises in her favour on 9-12-1984 for a sum of Rs. 10,000/-; that therefore the relationship between petitioner and respondent was that of mortgagor and mortgagee; that as she was in possession as a mortgagee, she was not liable to pay any rent, much less a rent of Rs. 150/- per month; and that, therefore, the eviction petition was not maintainable.

(3.) THE petitioner examined himself as P. W. 1 and the respondent examined herself as R. W. 1 and her son as R. W. 2. After considering the evidence, the Trial Court has rejected the eviction petition by its order dated 18-3-1998 holding that the petitioner had failed to prove the jural relationship of landlord and tenant.