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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
V.SRISHANANDA
Syed Amjad, S/o. Syed Akbar – Appellant
Versus
Khalid Pasha, S/o. Late Sri Abdul Gaffoor – Respondent
ORDER :
V. SRISHANANDA, J.
Heard Sri Janardhana G and Sri M.D. Raghunath for the parties.
2. Unsuccessful landlord in the Eviction Petition in HRC No.10010/2015 is the Revision Petitioner.
3. The facts in the nutshell for the disposal of the present petition are as under:
A petition under Section 27(2)(r) of the KARNATAKA RENT ACT , 1999, came to be filed alleging that the father of the respondent had entered into a rental agreement with Smt.Sarfunnissa on 20.04.2005, who is the original owner of the ground floor of the premises bearing No.52/3, 8th Main, 7th Cross, now 9th Cross, Vasanth Nagar, Bengaluru. Description of the property is more fully described in the schedule hereunder and hereinafter referred to as petition schedule property:
“SCHEDULE
All that part and parcel of the Residential Premises of Ground Floor bearing No.52/3, old No.117, situated at 8th Main Road, 7th Cross, Now 9th Cross, Vasanthnagar, Bengaluru, measuring in all 640 sq.ft., and bounded on the:
East by : Road ”
West by: Property belonging to Laloo Sab
North by: Property belonging to Ali Sab
South by: Private property (earlier portion of the same property No.52/3, now bearing independent number)”
4. It is further cont
A tenancy must be established through credible evidence; mere possession is insufficient to affirm a landlord-tenant relationship.
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 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.
A tenant cannot contest a claimed ownership of a property without vacating it first, establishing a need for civil procedure to resolve ownership disputes.
The court affirmed that a registered sale deed is decisive in establishing landlord-tenant relationships, overriding claims based on wills or agreements without proper legal standing.
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.
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.
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