IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 9^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE V SRISHANANDA

CIVIL REVISION PETITION NO. 69 OF 2024 (SC)

BETWEEN:

1. SRI. KRISHNA

S/O SRI DHARMALINGA AGED ABOUT 51 YEARS,

2. SMT DESHAMMA S/O SRI M KRISHNA

AGED ABOUT 46 YEARS,

BOTH ARE R/AT NO.107, 2^ND FLOOR,

JANASHAKTHI NAGAR

BSK III^RD STAGE

BENGALURU - 560 084

…PETITIONERS

(BY SRI. T.N. VISWANATHA, ADVOCATE)

Digitally signed

by

SHARADAVANI AND:

B

Location: High

Court of 1. SMT. N. BHARATHI

Karnataka

S/O SRI SHEKHAR

AGED ABOUT 47 YEARS,

RESIDING AT NO.131,

3^RD MAIN, NAGARABHAVI MAIN ROAD,

BENGALURU - 560 072

…RESPONDENT

(BY SRI. KESHAVA MURTHY B., ADVOCATE)

THIS CRP IS FILED UNDER SEC.18 OF THE KARNATAKA

SMALL CAUSE COURTS ACT, 1964., AGAINST THE JUDGEMENT

AND DECREE DATED 21.12.2023 PASSED IN SC NO.531/2021ON THE FILE XXIV ADDITIONAL SMALL CAUSES JUDGE AND ACMM, BENGALURU., PARTLY DECREEING THE SUIT FOR EJECTMENT.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

1. Heard Sri. T.N. Viswanatha, learned counsel for the petitioners and Sri. Keshava Murthy B., learned counsel for the respondent.

2. Defendant in S.C. No.531/2021 is the revision petitioner challenging the validity of the judgment of ejectment passed in the said suit and also to pay the arrears of rent at the rate of Rs.3,500/- per month from the date of termination of tenancy till the date of handing over the position.

3. Brief facts in the nutshell which are utmost necessary for disposal of the present petition are as under:

3.1 A suit came to be filed by the plaintiff contending that defendant is the tenant in respect of the property bearing No.107, BPMP PID No.55-775-107 measuring East to West 6.10 mtrs. and North to South 4.57 mtrs. totaling 27.99 square mtrs formed by the Bangalore Development Authority situated in Ambedkar Nagara, Slum Area. Banashankari III Stage, Bangalore.

3.2 Plaintiff contended that he purchased the suit property through registered sale deed dated 05.09.2011. Suit property includes first and second floor of RCC roofed building.

3.3 Further it is the case of the plaintiff that the defendants No.1 and 2 being the husband and wife jointly entered into rental agreement on 03.05.2007/12.07.2018.

3.4 As per the rent agreement, defendants are in occupation of second floor of the aforesaid property, measuring three squares consisting of a hall, room, kitchen and bathroom and agreed to pay rent of Rs.3,500/- per month and a sum of Rs.50,000/- paid towards the interest free refundable security deposit. Tenants also agreed to enhance the rent at the rate of 5%

every year.

3.5 Defendants failed to pay the rent regularly from October 2019 and there is arrears of rent in a sum of Rs.70,000/-. Plaintiff further contended that he requested the defendants to vacate and hand over the premises which was not complied by them. Therefore a legal notice came to be issued.

3.6 According to the plaintiff, though legal notice is duly served, there is no reply nor compliance which necessitated the plaintiff to file the suit for ejection.

3.7 Pursuant to the suit summons, defendant entered appearance and filed written statement denying the plaint averments.

3.8 It is also contented that in respect of the suit property there is a litigation between the plaintiff and the son of the defendants wherein the son of the defendants has sought for cancellation of the sale deed executed by him in favour of plaintiff. Therefore the ejectment decree cannot be granted.

3.9 Learned Trial Judge after due trial recorded a finding that there existed a jural relationship of landlord and tenant between plaintiff and defendants in view of the rent agreement, decreed the suit.

3.10 Operative portion of the Trial Court Decree reads as under:

The suit of Plaintiff is partly decreed.

The defendants are directed to quit, vacate and deliver vacant possession of the suit property in favour of plaintiff within 45 days from the date of this