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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.G.UMA
Syed Riyaz Ahmed S/o Late Sri Syed Ahmed – Appellant
Versus
K.B. Mariyappa Since Dead By Lrs. – Respondent
| Table of Content |
|---|
| 1. tenant's eviction under rent act invoked. (Para 1 , 3) |
| 2. grounds for eviction and facts supported. (Para 4 , 5 , 6 , 7 , 8) |
| 3. tenant's defenses and claims stated. (Para 9 , 10) |
| 4. trial court's process and considerations. (Para 11 , 12) |
| 5. petitioner's needs and opposition clarified. (Para 14 , 15 , 16 , 17) |
| 6. legal provisions regarding eviction clarified. (Para 18 , 19) |
| 7. burden of proof in evictions explained. (Para 20 , 21) |
| 8. petitioner's requirement for premises justified. (Para 22) |
| 9. damages and arrears assertions analyzed. (Para 23 , 28 , 30) |
| 10. ratio decidendi for jurisdiction discussed. (Para 24 , 29) |
| 11. final order regarding petition's outcome. (Para 31) |
ORDER :
M.G.UMA, J.
The revision petitioner - tenant being the respondent in HRC.No.10014/2017 on the file of the learned V Additional Small causes Judge and XXIV Additional Chief Metropolitan Magistrate, Mayohall Unit, Bengaluru (SCCH 20), is impugning the judgment dated 12.02.2019 allowing the petition filed by the petitioner therein; directing the tenant to vacate the schedule premises; to hand over the vacant possession within 30 days, pay damages at the rate of Rs.3,500/- per month for use and occupation
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.
It is well settled that rights of parties will have to be determined on basis of rights available to them on date of suit.
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.
The burden of proof lies on the landlord to establish a genuine and bona fide requirement for possession of the premises, and the tenant must prima facie make out a case that disentitles the landlord....
Point of Law : Findings rendered by the courts below were well supported by evidence on record and could not even be said to be perverse in any way. The High Court could not have re-appreciated the e....
The judgment emphasizes the importance of regular rent payments and compliance with deposit rules by tenants, and it upholds the rights of illiterate landlords to property use.
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