Disposed

Annaji S/O Laxman Rao Mulagund Aliyas Mulagund v. Palakshayya S/O Shivamurtiswamy Ramateerthamath Aliyas Kulkarni Since Dead Neelambika Aliyas

Karnataka HC4 Jun 2024HRRP/100001/2023

Case brief

AI extract

What is this about?

A tenant's revision petition against eviction ordered under Section 27(2)(a) and (p) Karnataka Rent Act was disposed of after he filed an affidavit undertaking to vacate by 31.05.2025 and pay rent; the trial court's order confirming eviction was upheld with time granted.

What did the court decide?

Petitioner given time until 31.05.2025 to vacate and hand over possession, subject to continued payment of rent and arrears.

Annaji S/O Laxman Rao Mulagund Aliyas Mulagund Vs… — Landlord and Tenant | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:7417 HRRP No. 100001 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 4^TH DAY OF JUNE, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.G.S. KAMAL

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HOUSE RENT REV. PETITION NO.100001/2023

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BETWEEN:

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ANNAJI S/O. LAXMAN RAO MULAGUND @ MULAGUND, AGE: 58 YEARS, OCC: PRIVATE WORK, R/O: RAMATEERTHMATH CHAWL, GOOGIKATTI ONI, HAVERI, TQ: HAVERI, DIST: HAVERI.

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…PETITIONER

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(BY SRI LAXMAN T. MANTAGANI, ADVOCATE)

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AND:

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PALAKSHAYYA S/O. SHIVAMURTISWAMY RAMATEERTHAMATH @ KULKARNI SINCE DEAD NEELAMBIKA ALIYAS

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Digitally signed by YASHAVANT NARAYANKAR Location: High Court of Karnataka

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NEELAVVA W/O MAHADEVAYYA ALIYAS MAHADEVASWAMY SINCE DEAD

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JYOTI W/O. SANJAYKUMAR, AGE: 52 YEARS, OCC: ENGINEER, C/O: NEELAMBIKA @ NEELAVVA W/O. MAHDEVAYYA @ MAHADEVASWAMY, RAMATEERTHAMATH @ KULKARNI, R/O: DESHPANDE NAGAR, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD – 580 029.

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PRIYA @ PRIYADARSHINI W/O. SHIVANAND MALLAPUR, AGE: 48 YEARS, OCC: HOUSEHOLD WORK, C/O: NEELAMBIKA @ NEELAVVA W/O. MAHDEVAYYA @ MAHADEVASWAMY, RAMATEERTHAMATH @ KULKARNI, R/O: DESHPANDE NAGAR, HUBBALLI,

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NC: 2024:KHC-D:7417 HRRP No. 100001 of 2023

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TQ: HUBBALLI DIST: DHARWAD – 580 029.

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VIDYAVATI W/O. VIRUPAKSHAYYA GOMATIMATH, AGE: 60 YEARS, OCC: HOUSEHOLD WORK, C/O: NEELAMBIKA @ NEELAVVA W/O. MAHDEVAYYA @ MAHADEVASWAMY, RAMATEERTHAMATH @ KULKARNI, R/O: DESHPANDE NAGAR, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD – 580 029.

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SHASHIDHARASWAMY S/O. BASAVARAJ VIRAKTAMATH, AGE: 53 YEARS, OCC: EMPLOYEE, R/O: DESHPANDE NAGAR, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD – 580 029.

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SUMANGALAVVA D/O. BASAVARAJ VIRAKTAMATH, AGE: 50 YEARS, OCC: TEACHER, C/O: SHASHIDHARASWAMY S/O. BASAVARAJ VIRAKTAMATH, R/O: DESHPANDE NAGAR, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD – 580 029.

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SOUBHAGYA W/O. SHIVALINGAYYA VASTRADA, AGE: 46 YEARS, OCC: TEACHER, R/O: DESHPANDE NAGAR, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD – 580 029.

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SHANTABAI W/O. SHIDDHESHWARASWAMY ARADHYAMTH SINCE DEAD.

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7. GIRIJAWWA

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W/O. LAXMAN RAO MULAGUND, @ MALAGUND, AGE: 91 YEARS, OCC: HOUSEHOLD WORK, R/O: RMATEERTHMATH CHAWL,

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3 - NC: 2024:KHC-D:7417 HRRP No. 100001 of 2023

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GOOGIKATTI ONI, HAVERI – 581 110, TQ: HAVERI, DIST: HAVERI.

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NITYANAND S/O. LAXMANA RAO MULAGUND @ MALAGUND, AGE: 51 YEARS, OCC: DRIVER, R/O: RAMTEERTHMATH CHAWL, GOOGIKATTI ONI, HAVERI – 581 110, TQ HAVERI, DIST: HAVERI.

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Vide order dated 31.08.2023 Deleted

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KUMARI AKKAMMA D/O. LAXMANA RAO MULAGUND, @ MALAGUND, AGE: 54 YEARS, OCC. HOUSEHOLD WORK, R/O: RAMTEERTHMATH CHAWL, GOOGIKATTI ONI, HAVERI – 581 110, TQ: HAVERI, DIST: HAVERI.

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…RESPONDENTS

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(NOTICE TO R1 TO R4 IS HELD SUFFICIENT; NOTICE TO R5, R6 AND R9 ARE SERVED; R7 IS DISMISSED AS ABATED; R8 IS DELETED)

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THIS HRRP IS FILED U/S 115 OF CPC, PRAYING TO SET ASIDE THE IMPUGNED ORDER DT 14.12.2022, PASSED BY THE COURT OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, HAVERI IN RENT REVISION NO. 1/2016 CONFIRMING THE ORDER DTD 29.10.2015 PASSED BY THE COURT OF THE PRINCIPAL CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS AT HAVERI IN KRA NO.2/2008 AND ALLOW THIS HOUSE RENT REVISION PETITION IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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4 - NC: 2024:KHC-D:7417 HRRP No. 100001 of 2023

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ORDER

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Heard; despite service of notice, there is no

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representation on behalf of the respondents.

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This petition is filed by the petitioner challenging the order dated 14.12.2022, passed in Rent Revision No.1/2016, on the file of Principal District and Session Judge, Haveri, by which the Trial Court while allowing the petition filed by the respondents herein under Section 27 (2) (a) and (p) of the Karnataka Rent Act, 1999 directed the petitioner herein to vacate and handover the actual possession of the petitioner’s property within 60 days from the date of the order. The petitioner is also directed to pay arrears of rent along with interest at the rate of 6% per annum to the petitioner from the date of petition till realization.

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After arguing the matter for sometimes, learned counsel for the petitioner submits that given some time, the petitioner undertakes to vacate and handover the vacant physical possession of the petitioner’s premises to the respondent Nos.1 to 5. He further submits that the petitioner

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5 - NC: 2024:KHC-D:7417 HRRP No. 100001 of 2023

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has already paid entire arrears of rent and also paying the

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monthly rent regularly as directed by the Trial Court.

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Learned counsel for the petitioner files an affidavit undertaking to vacate and handover the vacant physical possession of the property on or before 31.5.2025 without seeking any further extension.

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The affidavit is taken as record and the same reads as under:

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“I, Annaji S/o Laxman Rao Mulagund @ Malagund, Age: 58 Years, Occ: Private work, R/o. Ramateerthamath Chawl, Googikatti oni, Haveri, Tq : Haveri, Dist Haveri, today at Dharwad, do hereby solemnly affirm and state on oath as under:

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1. I am the petitioner in the above case and I am conversant with the facts of the case.

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2. The premises in question CTS No. 3362A/B measuring 685.62 Sq Mtrs., consisting of six houses out of which eastern side house was is occupied by the Petitioner as a tenant along his children. The relationship of tenant and landlord i.e., Jural relationship is not under dispute. The Courts below proceeded to pass the order allowing the petition filed U/S 27 (2) (A) Section 27 (2)(P) of the Karnataka Rent Act 1999.

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4. That, the petitioner hereby undertakes to vacate the premises in question within one year i.e. on or before 31-05-2025, further undertakes to pay regular rents and will not undertake any alteration of the premises. The petitioner would hand over the vacant possession of the premises without seeking any further extension of time.”

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6 - NC: 2024:KHC-D:7417 HRRP No. 100001 of 2023

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Considering the affidavit filed by the petitioner, this petition is disposed of confirming the order passed by the Trial Court. The petitioner shall vacate and handover the vacant physical possession of the property on or before 31.05.2025. Petitioner shall continue to pay rent including the arrears, if any as directed by the Trail Court.

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It is made clear that, if there is any default in payment of rent, the respondents shall be entitled to seek enforcement of decree on such default.

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Since, the respondents have remained

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unrepresented, the registry shall send a copy of this order to the respondents and also to the Trail Court for it’s records.

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In view of disposal of the petition, pending IAs if any do not survive for consideration and accordingly, IAs are disposed of.

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SD/JUDGE

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VB/CT-ASC List No.: 1 Sl No.: 9

Annaji S/O Laxman Rao Mulagund Aliyas Mulagund v. Palakshayya S/O Shivamurtiswamy Ramateerthamath Aliyas Kulkarni Since Dead Neelambika Aliyas

Case brief

What is this about?

What did the court decide?

Annaji S/O Laxman Rao Mulagund Aliyas Mulagund v. Palakshayya S/O Shivamurtiswamy Ramateerthamath Aliyas Kulkarni Since Dead Neelambika Aliyas

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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