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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
V.SRISHANANDA
Shiva Jyothi, D/o Late Thammaiah – Appellant
Versus
Jayalakshmamma – Respondent
| Table of Content |
|---|
| 1. eviction petition based on ownership and tenancy (Para 2 , 3 , 4 , 5 , 6) |
| 2. tenant's objections to eviction and unpaid dues (Para 7 , 8) |
| 3. first appellate court's findings on eviction (Para 9 , 10) |
| 4. contentions raised by tenant and landlord (Para 11 , 12 , 13 , 14 , 15 , 16) |
| 5. court's analysis and rejection of tenant's arguments (Para 18 , 19 , 20 , 21 , 22 , 24 , 25) |
| 6. final dismissal of revision petition (Para 26) |
ORDER :
V SRISHANANDA, J.
The present revision petition is filed by the tenant challenging the orders passed by the Rent Court as well as the Revisional Court, directing the revision petitioner to vacate and hand over the petition premises, which is described hereunder within three months from the date of order passed by the Trial Court, which was confirmed by the order of the Revisional Court:
"Schedule
A Mangalore tiled residential house extent: 35' x 35' situated in Mandya City Ashoka Nagar, Jains colony opp. PWD Engineers Club, bearing Khatha No.D5/605/1410 Site Extent East-West : 90 feet, North-South : 40 feet, bounded by : East - by road, West : Lakshmamma W/o Late Krishnappa's house, North : Property of G.Puttaswamy, South by - Road."
2. Facts in br
The automatic attornment of tenancy upon property sale establishes the landlord-tenant relationship, justifying eviction for unpaid rent under the Karnataka Rent Act.
A tenancy must be established through credible evidence; mere possession is insufficient to affirm a landlord-tenant relationship.
A tenant cannot contest a claimed ownership of a property without vacating it first, establishing a need for civil procedure to resolve ownership disputes.
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 tenant denying a landlord's ownership must vacate the property and pursue separate legal action to establish title, reinforcing the court's ruling that the ejectment suit was valid.
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.
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.
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