RAJESH Vs. MEENAKSHI

JUDGEMENT

(1.) This revision petition is filed by the tenant who has suffered an order of eviction. In the first instance, the respondent herein initiated eviction proceeding, HRC 84/2002, against the petitioner in this revision petition under section 27(2)(r) and section 31 of the Karnataka Rent Act. The respondent pleaded before the court of first instance that the petitioner was her tenant in respect of a residential accommodation (the premises) on a monthly rent of Rs.400/-; the tenancy came into existence on the basis of an oral agreement, but it was from month to month. She stated that she required the premises for accommodating her second son who was to be married and for this reason she sought eviction of the petitioner.

(2.) The petitioner contested the eviction proceeding. He denied the truth in the reason given by respondent for evicting him. He also denied the respondent's right to evict him; he denied jural relationship of landlord and tenant.

(3.) The court of first instance held that petitioner was respondent's tenant. It assigned the reasons that the petitioner failed to prove that he constructed the house, that there was valid decree of the Civil Court in favour of the respondent and the order passed by the municipality was held to be illegal and void, that the petitioner failed to prove that the land where premises existed belonged to the government, that it was not the case of the petitioner that he had purchased the property from a lawful owner, that he was not a licencee and hence he should be a tenant. Arriving at these conclusions, the court of first instance allowed the eviction petition and ordered for petitioner's eviction.