BUVANESHWARI D/O MUNISWAMY Vs. SMT. SANDA W/O MURTHY

JUDGEMENT

(1.) THIS petition is directed against the order dated 05.10.2009 in H.R.C. No. 618/2006 on the file of XI Additional Judge, Court of Small Causes (SCCH -12), Bangalore staying further proceedings and directing the Petitioner to have their rights adjudicated in a civil Court of competent jurisdiction.

(2.) PETITION is belated by 130 days. Misc. Cvl. No 8697/2010 is filed seeking condonation of the delay. It is opposed by the counsel for the Respondent. However, considering the circumstances narrated, though it does not constitute sufficient cause, the delay of 130 days in filing the petition is condoned.

(3.) AS could be seen from the contentions urged by the learned Counsel for the Petitioner and the issues considered by the trail Court, the Petitioner herein initiated eviction proceedings against the Respondent assertively contending that her father Muniswamy was the owner of the schedule property and during his lifetime, he gifted it to her on 22.08.2006. Thus, she became the owner of the property and she averred that the Respondent herein was a tenant under Muniswamy and by virtue of transfer of property by gift deed, she acquired the rights over the property and is thus landlord.