NANDAMMA W/O VENKATESH Vs. SRINIVASA REDDY S/O LATE P.R. RAMULU REDDY

JUDGEMENT

(1.) TENANT is in revision against the order dated 30.7.2011 rejecting his application filed under Section 43 of the Karnataka Rent Act, 1999, (hereinafter referred to as the Act, for brevity) to dismiss the petition for want of jural relationship of landlord and tenant. The petition is listed for admission. Along with the petition, I.A.I/11 is filed seeking stay of the impugned order.

(2.) FROM what the learned counsel has adverted to and the material made available, it is manifest that one Srinivas Reddy, respondent herein, sought eviction of the petitioner -Smt. Nandamma in HRC. 140/10 on the premise, he is the owner of the property in her occupation having purchased the same from its original owner. Before his purchase, she was inducted as tenant by his predecessor in title on a monthly rent of Rs. 500/ - and thus she is a tenant under him by operation of law.

(3.) IN answer to these grounds, petitioner -tenant filed counter in which she questioned maintainability of the petition on the ground she is in occupation of the premises, no doubt as tenant on a monthly rent of Rs. 500/ -, but not under the respondent, but under the former owner. She did not dispute his claim that he has purchased the property in the manner known to law. Her contention was before he purchased the property, there were other sale transactions and hence, she was at a loss to know who exactly was the owner. There is, however, no detailed -averment to resist the ground under clause (r) of subsection (2) of Section 27 of the Act.