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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
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 notice which is at Ex.P.4. Defendants have failed to establish their contention that lease agreement dated 25.07.2017 is created one. It is settled position of law that creation of the documents has to be specifically pleaded and shall be proved by tendering cogent and tantamount document. Defendants have utterly failed to establish their contention. There is not
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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