(This House Rent Revision Petition is filed under Section 46 (1) of Karnataka Rent Act against the Order dated 17.8.2006 passed in HRC No.11/2005 on the file of the VII Additional Small Causes Judge, Bangalore (SCCH-3), dismissing the petition filed under Section 27(2)(a) of KR Act for recovery of possession of the suit schedule premises.)

Heard the Counsel for the parties.

2. The petitioners are said to be the owners of property bearing no.445 (old no.32), OPH Road, Bangalore. The said premises measuring about 8’ x 11’ was leased to the father of the respondents by the father of the petitioners, on a monthly rent of Rs.14/- which stood enhanced and was Rs.40/-at the time of presentation of the petition before the trial Court.

The petitioners are brothers and have obtained the subject property as their share at a partition in terms of a compromise decree in a civil suit, OS 4327/2003, before the Court of the City Civil Judge, Bangalore.

The petitioners had filed the eviction petition under section 27(2)(a) and (j) of the Karnataka Rent Act, 1999 (hereinafter referred to as the ‘1999 Act’). The petitioners had raised a further specific plea that the respondents had contin