K VISVANATHIAH SETTY Vs. S R CHIKKA VEERAPPA

JUDGEMENT

(1.) This revision is directed against the order passed by the trial Court rejecting the petitioner's petition for eviction of the respondent herein on the ground under Section 21(l)(a)(c), (0 and (h) of the Karnataka Rent Control Act, 1961 (the Act).

(2.) The question that arises for consideration is whether in the facts and circumstances of the case, the trial Court was justified in holding that a complicated question as to the existence of the tenancy is involved, which cannot be determined by the Court in its summary jurisdiction under the Act and in directing the parties to establish their rights in a properly instituted suit.

(3.) The petitioner has sought for eviction of the respondent on several grounds under Section 21(1) of the Act including the ground that the respondent had committed default in payment of rent to the extent of Rs. 11,200/-. The respondent contested the said petition inter alia denying his status as a tenant under the petitioner and pleaded that the relationship between him and the petitioner was that of a debtor and creditor. According to the respondent, the sale deed dated 20-6-1964 was ostensible as it was only intended to create a security for the repayment of the consideration amount entered in it. Similarly the lease deed dated 20-6-1964 (Ex.P.l) is only to secure payment of interest and not rent as recited therein. The respondent further pleaded that the petitioner had entered into a separate deed of reconveyance agreeing to reconvey the property to him, but the said document was retained by the petitioner by way of security in respect of further loan of Rs. 10,000/- advanced by him under a pronote taken in favour of a relative.