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2013 DIGILAW 1088 (KAR)

C. JAVERILAL MANDOT v. BALAWANT

2013-09-11

H.G.RAMESH

body2013
ORDER HULUVADI G. RAMESH, J.-This Revision Petition is filed against the order of the Chief Judge, Court of Small Causes, Bangalore, in HRC. No. 256/2010 filed by the petitioner herein under Section 27(2) (a) (r) (i) of the Karnataka Rent Act, 1999 (hereinafter referred to " the Rent Act' for short). 2. The petitioner is a Lessee in respect of petition schedule property under one Sri Jagadguru Renukadi Panchacharya Free Boarding Samsthe, Bangalore. The respondent was inducted as tenant by the petitioner in pursuance of Deed of Lease dated 8.10.1990 in respect of shop No. 3 in the first floor of the building measuring 80 sq. ft. on a monthly rent of Rs. 801/-, which has been enhanced from time to time. For the present, the respondent is paying Rs. 3,250/- per month. Stating that respondent is a defaulter in payment of rent from 1.4.2010 amounting to Rs. 19,500/-, the petitioner filed eviction petition before the Court below. The same was contested by the respondent. The trial Court having raised the points for consideration with respect to arrears of rent, requirement of the petition schedule property for the use and occupation of the petitioner and also with regard to availability of alternative accommodation, answered the points in the negative and dismissed the petition as not maintainable. As against this, petitioner has filed the present Revision Petition. 3. According to the learned counsel for the petitioner, as per Section 27 of the Karnataka Rent Control Act, 2001, the Small Causes Judge has got jurisdiction to entertain the eviction petition and as per the proviso, the Court shall make an order directing the tenant to vacate and hand over vacant possession of the premises within one month from the date of order. He relied upon the judgment of this Court in the case of M/s. Bombay Tyres International vs. K.S. Prakash (Deceased, by LRs.), reported in ILR 1997 KAR 111, to contend that despite the contractual terms, it is open to the landlord to resort to proceedings under the Karnataka Rent Act for evicting the tenant on any of the grounds mentioned in Section 27 of the Rent Act. Accordingly, he submitted that, despite the agreement or clause as provided in Section 27 of the Act for recovery of arrears, the petition is very much maintainable. Accordingly, he submitted that, despite the agreement or clause as provided in Section 27 of the Act for recovery of arrears, the petition is very much maintainable. In the present case, the lease is said to be for 25 years, but since it is unregistered, it has to be treated as a monthly tenancy and the trial Court ought to have entertained the petition on merits and could have ordered for eviction of the respondent and as such, the opinion of the trial Court is bad in the eye of law. 4. The learned counsel appearing for the respondent submits that there is no error committed by the trial Court in dismissing the petition on the ground of maintainability. 5. The premises which is noted above is said to have been acquired by the respondent herein on a monthly rent and the Deed of Lease is unregistered. As such, opining that there is no arrears of rent and petitioner failed to prove that there is unregistered lease deed, the trial Court dismissed the petition on the ground of maintainability which appears to be erroneous. In the absence of any registered lease deed for a period of 25 years, it should be treated as lease for 11 months on monthly basis. 6. In that view of the matter, by reversing the finding of the trial Court with regard to maintainability etc., the petition is allowed. However, one year time is granted to the respondent to vacate and hand over vacant possession of the premises to the petitioner subject to condition that he shall file an undertaking to the effect that he will vacate and hand over vacant possession of the premises and to pay rents / damages till he vacates the premises, within four weeks from today. Petition is disposed of accordingly.