SANDEEP CHOWHAN AND ORS. Vs. KRISHNARAJ BHAT

JUDGEMENT

(1.) This revision petition is directed against the judgment dated 24.03.2015 passed by the Small Causes Court dismissing S.C.No.1419/2012 filed by the revision petitioners seeking ejectment of the tenant.

(2.) The jural relationship of landlord and tenant between the revision petitioners and the respondent is not in dispute. The factum of termination of tenancy by issuing a legal notice is also not in serious dispute and indeed the findings of the Court below are in favour of revision petitioners landlord in this regard. However, the dispute before the Court below was with regard to the measurement of the property. The tenant contended that measurement of the premises was less than 14 sq.mtrs., whereas the landlord contended that it was more than 14 sq.mtrs. and was therefore, not covered by the Karnataka Rent Act.

(3.) The other question for consideration was with regard to the pecuniary jurisdiction of the Small Causes Court to entertain the small cause suit in the light of the prayer made in the suit, whereunder the revision petitioners plaintiff had sought for mesne profits at the rate of Rs. 1,000/- per day from the date of suit till delivery of shop premises to the plaintiffs.