ANRAJ Vs. MAHALAKSHMAMMA

JUDGEMENT

(1.) The petitioner herein has challenged the Order of the Court below directing him to vacate and hand-over the possession of the schedule premises to the respondents herein, within 3 months from the date of the Order and also directing to pay arrears of rent from July 2007 till the date of handing over possession of the schedule premises.

(2.) The facts relevant for the purpose of this revision are as under: I will be referring the parties as per their rank before the Trial Court for the purpose of convenience. The petitioner and the respondents herein are the respondent. and petitioners respectively before the Trial Court. The petitioners filed a petition under Section 27(2)(r) of the Karnataka Rent Act, 1999 [hereinafter referred to as "the Act" for short] against the respondent to pass an order of eviction and to direct him to quit and hand-over vacant possession of the schedule premises and to pay arrears of rent from July 2007. The schedule premises was leased to the respondent on a monthly rental of Rs.700-00. As the rent was not paid by the respondent, the petitioners issued a legal notice dated 17.01.2008 to him under registered post and also under certificate of posting, terminating the tenancy. The notice was not claimed and the petitioners approached the Trial Court, seeking an order of eviction. It is thereafter that the Trial Court issued notice to the respondent by Order dated 29.02.2008 through the Court and also by registered post. On the next date of hearing, the notice was awaited and both the notices did not return. The matter was adjourned to 16.04.2008 to await notice and as the notice did not return, the matter was posted for taking steps by 30.05.2008 on which day the petitioners filed an application under the provisions of Order V Rule 20 read with Section 151 CPC. The Trial Court heard and allowed the application permitting to issue notice to the respondent by paper publication in "Samyuktha Karnataka" daily newspaper and the matter was adjourned to 30.06.2008. As the respondent did not appear, he was placed ex-parte and thereafter, the Trial Court recorded the evidence of the 2nd petitioner as P.W.1 and documents Exs.P1 to P7 were marked. Thereafter, the Trial Court heard the Learned Counsel for the petitioners and passed the impugned Order directing eviction of the respondent from the schedule premises and to pay the arrears of rent from July 2007 till the possession is handed over to the petitioners. Aggrieved by the said order, this revision has been preferred.

(3.) I have heard the Learned Counsel for the petitioner and also the respondents.