Back
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
V SRISHANANDA
Jhanavi @ Geethadevi, D/O Late Hanumanthappa – Appellant
Versus
Bhuvaneshwari V, D/O Late B Vijayakumar – Respondent
ORDER :
V SRISHANANDA, J.
Heard Sri Harish N.R., learned counsel for the petitioner and Sri Nitin Ramesh, learned counsel for the respondent.
2. The defendant in S.C.No.137/2020 is the revision petitioner challenging the ejectment decree passed in the said suit.
3. The facts in brief, which are utmost necessary for disposal of the present revision petition, are as under:
3(i) The respondent Smt. Bhuvaneshwari V., being the daughter of late B. Vijayakumar, filed an ejectment suit seeking ejectment of the revision petitioner/defendant from the following property, hereinafter referred to as the “suit property”.
"SCHEDULE PROPERTY
All that piece and parcel of Ground Floor portion of the immovable property bearing No. 9, formed out of converted land in Sy. No. 80/1 situated at Abbigere Village, Yeshwanthpur Hobli, Bangalore North Taluk, measuring to an extent of East to West: 30+31/2 feet and North to South: 40+39/2 feet in total 1204.78 sq.feet, and bounded on:-
| Direction | Adjacency |
|---|---|
| East | Private property |
| West | Site No. 10 |
| North | Road |
| South | Private property |
3(ii) It is contented that the father of the plaintiff, namely B. Vijayakumar, had entered into a lease agreement with the revision petitioner on 16.03.
The court affirmed the existence of a landlord-tenant relationship post the landlord's death, emphasizing automatic tenancy transfer to legal heirs and the implications of unpaid rent in ejectment su....
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 tenant must vacate premises and establish rights after denying the landlord-tenant relationship, reinforcing the importance of valid tenancy evidence in ejectment suits.
The court established that mere denial of landlord-tenant relationship by the defendant, without supporting evidence, does not invalidate the plaintiff's claim to ownership and the tenancy rights.
A co-owner can file for tenant eviction without consent from others unless they oppose, provided ownership is clear, as per a valid Will.
Tenants failed to provide sufficient evidence to contest ownership and tenancy claims, leading to dismissal of revision petitions.
Under the East Punjab Urban Rent Restriction Act, a landlord can seek eviction for personal necessity without being the owner of the premises.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
