B NARAYANA REDDY Vs. N R VASUDEVA BHATTA

JUDGEMENT

(1.) 1. This is a petition under S.115 CPC to revise an order made by the Prl. Civil Judge, Bangalore City, in which he held that the Court has no jurisdiction to pass a decree for possession of certain premises.

(2.) B. Narayana Reddy, the petitioner instituted O.S.161/71 for possession and for arrears of rent. Vasudeva Bhatta the respondent is his tenant in occupation of the premises. The tenancy commenced in 1967 on a monthly rent of 730. The landlord has started in his plaint that the tenant has entered into a subsequent agreement dt.21-1-1971, by which he agreed to surrender a portion of the premises and as per that agreement, the rent for the remaining portion would be Rs.450 per month, but the tenant resfused to surrender that portion and hence the said agreement did not come into force.

(3.) The tenant resisted the suit inter alia contending that he had surrendered the portion of the premises as per the agreement dt.21-1-1971 and consequently the rent stood abated to Rs.450 per month and the Civil Court has no jurisdiction to entertain the suit for possession since the monthly rent of the building is less Rs.500 per month.