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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
H.P.SANDESH
Fyzulla, Son Of Late Pyarejan – Appellant
Versus
K.N.Shivakumar, S/o Late M.Narayanappa – Respondent
ORDER :
H.P.SANDESH, J.
This matter is listed for admission and I have heard learned counsel for the petitioners and learned counsel for caveator-respondent Nos.1 and 2.
2. The factual matrix of the case of the petitioners while invoking Section 27 (2)(r) of the KARNATAKA RENT ACT is that the father of the respondents i.e., the petitioners herein was a tenant under petitioners with respect to AC sheet roofed house described in the schedule having been inducted as a tenant on 04.09.1994 and rent was Rs.400/- and petition schedule premises was let out for residential purpose. The plinth area of petition schedule premises is about 3 squares comprising a hall, a room, kitchen with a toilet situated outside the main structure. The walls of the petition schedule premises are of mud, which was initially intended to be a temporary construction i.e., to accommodate the members of the family of petitioners. After the construction was completed, the younger sister of the petitioners, for whom the petition schedule premises was actually meant was reluctant to move to that premises, in view of the plinth area is only 3 squares and the toilet located outside the house. At that time, father of the r
Established jural relationship between landlords and tenant’s heirs supported the eviction petition under Section 27(2)(r) of the Karnataka Rent Act due to landlords' bonafide use necessity.
It is settled law that, if no document evidencing fact of tenancy is given and if it is an oral tenancy, same has to be considered on merits.
A tenancy must be established through credible evidence; mere possession is insufficient to affirm a landlord-tenant relationship.
Tenancy rights under Section 5 of the Karnataka Rent Act are inheritable only for five years post-death, and failure to pay rent for five years constitutes grounds for eviction.
The court affirmed a landlord's right to evict a tenant under Section 27(2)(r) for family use, requiring proof of no suitable alternative accommodation while setting aside improper damage claims.
The court upheld the eviction of a tenant based on established ownership and rental arrears, confirming the petitioner's claims under the Karnataka Rent Act, 1999.
The automatic attornment of tenancy upon property sale establishes the landlord-tenant relationship, justifying eviction for unpaid rent under the Karnataka Rent Act.
It is well settled that rights of parties will have to be determined on basis of rights available to them on date of suit.
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