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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (civil) 1527 of 2000

PETITIONER:

D.S. Parvathamma

RESPONDENT:

A. Srinivasan

DATE OF JUDGMENT: 31/03/2003

BENCH:

R.C. LAHOTI & BRIJESH KUMAR

JUDGMENT:

J U D G M E N T

R.C. Lahoti, J.

The suit premises forming part of the building No.25, 5th Cross,

Annamma Temple Extension, Ramakrishnapuram, Bangalore,

measuring 8x20 sq. ft. are the subject matter of these proceedings

initiated under the provisions of the Karnataka Rent Control Act, 1961,

(hereinafter ’the Act’, for short) by the respondent claiming himself to

be owner-landlord and seeking eviction of the appellant alleging him to

be tenant in the suit premises. Eviction has been ordered under

Clauses (a) and (h) of sub-Section (1) of Section 21 of the Act by the

Rent Controller and upheld by the High Court in exercise of revisional

jurisdiction under Section 50(1) of the Act.

The singular issue surviving for decision at this stage and

around which the learned counsel for the parties have centered their

submissions is: whether the appellant is entitled to protect his

possession under Section 53A of the Transfer of Property Act, 1882

and hence