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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
V.SRISHANANDA
Suchitra W/o Late Uday Kumar – Appellant
Versus
Pushpalatha W/o Late G N Ravindra – Respondent
| Table of Content |
|---|
| 1. ejectment suit filed due to rent arrears. (Para 1 , 2 , 3) |
| 2. defendants argue against suit maintainability. (Para 4 , 5 , 6 , 7) |
| 3. court’s analysis of evidence and ownership dispute. (Para 8 , 9 , 10 , 11 , 12) |
| 4. court finds lack of defense evidence. (Para 13 , 14 , 15 , 16) |
| 5. revision petition dismissed; extended time for vacating. (Para 18) |
ORDER :
V.SRISHANANDA, J.
1. Heard Sri. Vinayak V. Kulakarni, learned counsel for the revision petitioners in both the matters.
2. Defendants are the revision petitioners in SC No.15188/2019 and SC No.15189/2019. Respondents in both the matters filed the suit for ejectment on the ground that there is arrears of rent and by terminating the tenancy.
3. Both the matters were contested by the tenants. After full fledged trial, learned Trial Judge in paragraph No.17 of both the judgments, has held as under:
"17. It is also true that till this date defendants have not disputed the title of the plaintiffs over the suit schedule property nor their jural relationship. If the version of the defendants are really true, they could have tender the lease deed alleged to has executed in the year 2019 or they could have given reply to the quit no
Tenants failed to provide sufficient evidence to contest ownership and tenancy claims, leading to dismissal of revision petitions.
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.
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 tenant cannot contest a claimed ownership of a property without vacating it first, establishing a need for civil procedure to resolve ownership disputes.
Ownership issues cannot be determined in eviction suits, and certified copies of public documents are admissible in evidence.
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.
Ownership issues cannot be adjudicated in eviction suits; certified copies of public documents are admissible as evidence.
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