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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

DATED THIS THE 29^TH DAY OF OCTOBER, 2021

BEFORE

THE HON'BLE MS. JUSTICE JYOTI MULIMANI

HOUSE RENT REVISION PETITION.520 OF 2013

BETWEEN

SRI.MADIWALAPPA

S/O MALLAPPA HOOLI

SINCE DECEASED BY HIS LRS.

1.

SMT.MAHANANDA

W/O MADIWALAPPA HOOLI

AGE: 62 YEARS

OCC: HOUSE HOLD WORK

R/O H.NO.21, ADYAPAK NAGAR

NAVANAGAR, HUBLI

TQ: HUBLI

DIST: DHARWAD – 580025.

2.

SMT.SHAILA

W/O AVINASH GAULI

AGE: 39 YEARS

OCC: HOUSE HOLD WORK

R/O H.NO.21, ADYAPAK NAGAR

NAVANAGAR, HUBLI

TQ: HUBLI

DIST: DHARWAD – 580025.

3.

BASAVRAJ

S/O MADIWALAPPA HOOLI

AGE: 37 YEARS

OCC: PRIVATE SERVICE

R/O H.NO.21, ADYAPAK NAGAR

2

NAVANAGAR, HUBLI

TQ: HUBLI

DIST: DHARWAD – 580025.

4.

SMT.REKHA

W/O DINESH PALLATTI

AGE: 35 YEARS

OCC: HOUSE HOLD WORK

R/O H.NO.21, ADYAPAK NAGAR

NAVANAGAR, HUBLI

TQ: HUBLI

DIST: DHARWAD – 580025.

5.

SMT.SULOCHANA

W/O RAJENDRAKUMAR ANGADI

AGE: 43 YEARS

OCC: HOUSE HOLD WORK

R/O H.NO.83/1, OPP. SANGAM TALKIES

LINE BAZAR, DHARWAD

DIST: DHARWAD – 580004.

ALL THE PETITIONERS ABOVE ARE

RPTD. BY THEIR P.A. HOLDER

SRI RAJENDRAKUMAR

S/O RAJASHEKHAR ANGADI

AGE: 47 YEARS

OCC CIVIL ENGINEER

R/O. HOUSE NO.83/1

OPP.SANGAM TALKIES

LINE BAZAR, DHARWAD

DIST: DHARWAD – 580004.

…PETITIONERS

(BY SMT.PALLAVI PACHCHAPURE – ADVOCATE FOR

SRI.NANDISH AND SRI.PRUTHVI.K.S - ADVOCATES)

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AND

SMT. SHANTAVVA

W/O DYAMAPPA NAIKAR

AGE: 53 YEARS

OCC: HOUSE HOLD WORK

R/O IRKAL GARDEN, UNKAL-HOSUR ROAD

NEAR SHANKUNTALA NURSING HOME

HUBLI, TQ: HUBLI

DIST: DHARWAD – 580020.

…RESPONDENT

(BY SRI.ANAND DESAI – ADVOCATE FOR

SRI.J.S.SHETTY - ADVOCATE)

THE HRRP IS FILED UNDER SECTION 115 OF THE CODE OF

CIVIL PROCEDURE 1908.

THIS HRRP COMING ON FOR FINAL HEARING, THIS DAY,

THE COURT DELIVERED THE FOLLOWING:

J U D G M E N T

The petitioners have filed this Revision Petition Under

Sec.115 of CPC challenging the order dated 30.07.2013

passed by the Court of I Addl. District and Sessions Judge,

Dharwad sitting at Hubli in R.R.No.04/2013.

2.

The facts in brief are simply stated as under:

The original petitioner namely Madiwalappa S/o.Mallappa

Hooli filed a petition under Sec.27(2)(r) and Sec.31(1)(c) of

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the Karnataka Rent Act 1999 on the file of Principal Civil

Judge, Hubli in R.C.A.No.11/2011. He sought eviction of the

respondent Smt.Shantavva.

It is stated that Madiwalappa is the owner and the

landlord of the petition premises bearing House cum open

space bearing CTS No.95/41, CTS ward No.III measuring

429.3 sq.yards situated at Irkal Garden, Unkal-Hosur Road,

Hubli, Dist: Dharwad. The respondent is the tenant of the

petition premises under him on a yearly rent of Rs.50/- from

many years. The tenancy commences from first of every

English Calendar Month and ends with the last day of the

same month. The respondent committed default by not paying

the rent since many years.

It is averred that the petition premises is required for his

bonafide use and occupation for himself and his family

members

as

he

has

no

other

reasonably

suitable

accommodation. The petitioner requested the respondent to

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quit and deliver the vacant possession of the petition premises

but in vain.

It is also averred that the petitioner being a senior

citizen is entitled to immediate possession of the petition

premises from the respondent under section 31(1)(c) of the

Karnataka Rent Act 1999 and on this ground also the

respondent is liable to be evicted from the petition premises.

Hence, the petitioner sought the aid of the Court.

After the issuance of the petition summons, the

respondent appeared and filed statement of objections. The

respondent denied the petition averments and prayed for the

dismissal of the petition.

The Trial Court allowed the petition and directed the

respondent/ tenant to vacate