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2025 DAILYLAW 71569 (KAR)

SMT. RADHAMMA v. SRI. CHANDRASHEKAR M KOLVI

HRRP/2/2025 · 2025-08-14

V Srishananda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:31643 HRRP No. 2 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA HOUSE RENT REV. PETITION No.2 OF 2025 BETWEEN: SMT. RADHAMMA SINCE DECEASED REPRESENTED BY HER SON SRI P. NARAYANA AGED ABOUT 59 YEARS, R/AT 480, 1ST FLOOR, 64TH CROSS, 5TH BLOCK, RAJAJINAGAR, BANGALORE-560 010. …PETITIONER (BY SRI K S CHANDRAHASA, ADVOCATE) AND: 1. SRI. CHANDRASHEKAR M KOLVI S/O LATE MAHADEVAPPA B KOLVI, AGED ABOUT 68 YEARS, R/AT 20, 2ND CROSS, 2ND MAIN, SARVABHOUMA NAGAR, CHIKKALASANDRA, BANGALORE - 560 061. 2. SMT. VINODA RAMACHANDRA SHETTY, W/O LATE RAMACHANDRA SHETTY, AGED ABOUT 70 YEARS, R/AT NO.4/1, 4TH MAIN, 8TH CROSS, TT BED LAYOUT, BSK III STAGE, BANGALORE 560 085. 3. SMT NAGALAKSHMI, W/O SRI. NARAYANA SWAMY, D/O LATE RADHAMMA, AGED ABOUT 63 YEARS, Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31643 HRRP No. 2 of 2025 R/A NO.948/2, 2ND MAIN, SBM COLONY, BSK I STAGE, BANGALORE -560 050. 4. SMT. SUMATHI, W/O SRI. HEMANTH KUMAR, AGED ABOUT 55 YEARS R/AT 975, APARTMENT NO.102, 8TH MAIN, GIRINAGAR, BENGALURU - 560 085. 5. SRI. UMASHANKAR P., S/O. LATE RADHAMMA, AGED ABOUT 52 YEARS, R/AT 480, GROUND FLOOR, 64TH CROSS, 5TH BLOCK, RAJAJINAGAR, BANGALORE - 560 010. …RESPONDENTS (BY SRI N.JAIPRAKASH RAO, ADVOCATE FOR C/R1; VIDE ORDER DATED 21.02.2025 R2 TO R5 ARE PERMITTED TO DELTE) THIS HRRP IS FILED UNDER SECTION 46(1) OF CPC., AGAINST THE ORDER DATED 21.10.2024 PASSED IN HRC.NO.16/2022 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, BANGALORE, ALLOWING THE PETITION FILED UNDER SECTION 27(2)(r) OF KARNATAKA RENT ACT, 1999. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 3 - HC-KAR NC: 2025:KHC:31643 HRRP No. 2 of 2025 ORAL ORDER Heard Sri K.S.Chandrahasa, learned counsel for the revision petitioner and Sri N.Jaiprakash, learned counsel for caveator/respondent No.1. 2. Present Revision Petition is filed challenging the Order passed by the learned Trial Court evicting of the revision petitioner from the petition premises by allowing petition under Section 27(2)(r) of the Karnataka Rent Act, 1999. 3. The petitioner has taken up a contention that petition itself is not maintainable in view of the fact that sale of the property by the previous owner to the present respondent was on 02.06.2022 and petition came to be filed on 18.10.2022. In view of the fact that petition came to be filed within an year from the date of sale of property, petition is not maintainable. 4. Further, revision petitioner has taken a specific contention before the Trial Court in paragraph 10 of the objection statement to the effect that, if three years time is granted, the revision petitioner being the tenant, would vacate and hand over the premises to the landlord. - 4 - HC-KAR NC: 2025:KHC:31643 HRRP No. 2 of 2025 5. Said three years has expired long back, in the teeth of such an admission that too, in the written objection statement with the aid of a legal counsel, nothing remains to be taken into consideration in this revision petition. 6. Taking note of the fact that the tenant has to make alternate arrangements, granting time till end of November 2025 would meet the ends of justice in the peculiar facts and circumstances of the case. 7. Hence the following: ORDER (i) Revision Petition stands dismissed. (ii) However, time is extended for the revision petitioner to vacate and hand over the possession of the petition schedule property without driving the landlord to the execution proceedings, till 30.11.2025. (iii) Revision Petitioner to pay rent in a sum of Rs.150/- per month till vacating the petition schedule premises. - 5 - HC-KAR NC: 2025:KHC:31643 HRRP No. 2 of 2025 (iv) Revision Petitioner shall file an undertaking in this regard by way of affidavit on or before 30th August 2025, in the office with copy to respondents. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 80