- 1 - NC: 2025:KHC:1377 CRP No. 424 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS CIVIL REVISION PETITION NO. 424 OF 2024 BETWEEN: GAYATHRI M V D/O M VENKOJI RAO, AGED AOBUT 47 YEARS, R/AT NO.242, GROUND FLOOR, 9TH MAIN, NARASIPURA LAYOUT, VIDYARANAYAPURA, BENGALURU-560097. …PETITIONER (BY SRI. ARUN GOVINDRAJ., ADVOCATE) AND: M.V. JAYANTH RAO S/O M VENKOJI RAO, AGED ABOUT 44 YEARS, R A/T NO242, FIRST FLOOR, 9TH MAIN NARASIPURA LAYOUT, VIDYARANAYAPURA, BENGALURU-560097. …RESPONDENT (BY SMT. SIJA JOSE K., ADVOCATE) THIS CRP IS FILED UNDER SEC.18 OF THE SMALL CAUSE COURTS ACT., AGAINST THE JUDGMENT AND DECREE DATED 26.02.2024 PASSED IN SC NO.288/2022 ON THE FILE OF JUDGE, COURT OF SMALL CAUSES, BENGALURU., DISMISSING THE SUIT FOR EJECTMENT AND DELIVER THE VACANT POSSESSION AND ETC. Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1377 CRP No. 424 of 2024 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER The petitioner’s small cause case seeking ejectment of the respondent herein and for delivery of vacant possession of the suit schedule premises to the petitioner has been dismissed by the learned Small Causes Judge, in S.C.No.288/2022. Learned counsel for the petitioner however submits that the petitioner has a right to seek a declaration that she is the lawful owner of the property in question. However, in the impugned judgment there are several findings given by the learned judge touching of the title of the suit schedule properties. Attention of this Court is drawn to the paragraph No.14, where it is held that; “On perusal of above statement in cross examination it shows that the plaintiff was not having any source of income and hence she stated in the proceedings filed against her husband that she was depending on the - 3 - NC: 2025:KHC:1377 CRP No. 424 of 2024 income of her parents. It shows that she was not having any source of income to purchase the property. Even she has not produced any document to show her income to purchase the property.” Again in paragraph No.20, the following observations are made: “Further it shows that after the death of his father, the defendant is residing in the suit premises as a co-sharer not as a tenant under the tenancy of plaintiff. The learned counsel for plaintiff cross examined the DW1 but nothing was elicited from the mouth of DW1 to disbelieve the evidence of DW1.” 2. Learned counsel for the petitioner would therefore submit that the Civil Revision Petition may be disposed of upholding the judgment of the small causes judge insofar as the plea for ejectment made by the petitioner herein. However the said remarks which will come in the way of the petitioner, who is entitled to seek declaration of title may be expunged. - 4 - NC: 2025:KHC:1377 CRP No. 424 of 2024 3. Learned counsel for the respondent however, submits that petitioner has filed a suit in O.S.No.7614/2023 seeking partition and separate possession of the suit schedule properties along with other siblings. Learned counsel would therefore submit that in a suit for ejectment the court is required to consider the plea of the plaintiff who contends that she is the landlord which would mean that she is the owner of the property and therefore the learned small cause judge has rightly given findings in the impugned order and no fault can be found in the impugned judgment. 4. Heard the learned counsels and persued the petition papers. The learned counsel for the petitioner has gracefully submitted that the impugned judgment can be upheld insofar as the rejection of the suit on the plea of ejection of the defendant is concerned, having regard to the failure of the plaintiff to convince the court regarding jural relationship of landlord and tenant between the parties concerned. Learned counsel is also right in his - 5 - NC: 2025:KHC:1377 CRP No. 424 of 2024 submission that observations and findings in the impugned order touching upon the title of the property in question, will come in the way of the petitioner who is entitled to seek a declaration before the civil court. 5. Consequently, the Civil Revision Petition is disposed of while upholding the impugned judgment. However, the findings as extracted in this order touching upon the title of the property in question shall stand expunged to enable the petitioner to seek declaration of title in a manner known to law. Ordered accordingly. Sd/- (R DEVDAS) JUDGE KLY CT: JL