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2003 Supreme(SC) 377

R.C.LAHOTI, BRIJESH KUMAR
D. S. Parvathamma – Appellant
Versus
A. Srinivasan – Respondent


JUDGMENT

R.C. Lahoti, J.-The suit premises forming part of the building No.25, 5th Cross, Annamma Temple Extension, Ramakrishnapuram, Bangalore, measuring 8 x 20 sq.ft. are the subject matter of these proceedings initiated under the provisions of the Karnataka Rent Control Act, 1961, (hereinafter the Act , for short) by the respondent claiming himself to be owner-landlord and seeking eviction of the appellant alleging him to be tenant in the suit premises. Eviction has been ordered under Clauses (a) and (h) of sub-Section (1) of Section 21 of the Act by the Rent Controller and upheld by the High Court in exercise of revisional jurisdiction under Section 50(1) of the Act.

2. The singular issue surviving for decision at this stage and around which the learned counsel for the parties have centered their submissions is; whether the appellant is entitled to protect his possession under Section 53A of the Transfer of Properly Act, 1882 and hence not liable to suffer eviction based on landlord-tenant relationship which has ceased to exist on account of subsequent events.

3. The plea arises for determination in the background of the facts briefly stated hereinafter. The suit premises were i



















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