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2022 Supreme(Online)(Kar) 47951

KARNATAKA HIGH COURT - PRINCIPAL BENCH AT BENGALURU
MR H KHASIM KHAN – Appellant
Versus
MRS KHUDEJA FAZAL – Respondent


This appeal by the defendant is directed against the

impugned judgment and decree dated 08.03.2022 passed in

O.S.No.25542/2019 by the XXVIII Addl. City Civil Judge,

Mayohall Unit, Bengaluru, whereby the trial Court decreed the

said suit filed by the respondent / plaintiff for ejectment / eviction

of the appellant / defendant from the suit schedule premises

and other reliefs in favour of the respondent.

2.

Heard learned counsel for the appellant and

learned counsel for the respondent and perused the material on

record.

3.

The material on record discloses that in the first

instance, the respondent / landlord instituted a small causes suit

against the appellant / tenant in S.C.No.15349/2017 on the file

3

of the Addl. Small Causes Judge, Mayohall, Bengaluru, seeking

his eviction / ejectment from the suit schedule premises and for

other reliefs. The plaintiff contended that the defendant was a

tenant under her in respect of the suit schedule non-residential

premises used for commercial purposes measuring more than

14 Sq.Mts. for which the Karnataka Rent Act, 1999 was not

applicable. It was contended that despite issuance of eviction

notice dated 14.06.2017 to the defendant, who receive

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