Case Note & Summary
The revision petition was filed by the landlords (Sandeep Chowhan and Leela Devi) against the judgment dated 24.03.2015 passed by the XXII Additional Small Causes Judge, Bengaluru, dismissing S.C.No.1419/2012 filed by the landlords seeking ejectment of the tenant (Krishnaraj Bhat) and mesne profits. The jural relationship of landlord and tenant was not in dispute, nor was the termination of tenancy by legal notice. The core dispute was the measurement of the suit premises: the tenant contended it was less than 14 sq.mtrs., bringing it under the Karnataka Rent Act, 1999, while the landlord contended it was more than 14 sq.mtrs., thus exempt under Section 2(3)(f) of the Act. The trial court dismissed the suit, holding that the landlord failed to prove the measurement exceeded 14 sq.mtrs. The High Court found that the trial court had not properly appreciated the evidence, including the tenant's own admission in the written statement that the premises measured 15 ft x 12 ft (which is approximately 16.72 sq.mtrs.). The High Court set aside the trial court's judgment and remanded the matter for fresh consideration, directing the trial court to consider the evidence afresh and decide the suit in accordance with law. The revision petition was allowed.
Headnote
A) Rent Control - Exemption from Rent Act - Measurement of Premises - Section 2(3)(f) of Karnataka Rent Act, 1999 - The dispute pertained to whether the tenanted premises measured more than 14 sq.mtrs., which would exempt it from the provisions of the Karnataka Rent Act, 1999. The trial court dismissed the suit for ejectment holding that the landlord failed to prove the measurement exceeded 14 sq.mtrs. The High Court found that the trial court had not properly appreciated the evidence and remanded the matter for fresh consideration. Held that the burden is on the landlord to establish exemption, but the court must consider all evidence including the tenant's admissions (Paras 1-5).
Issue of Consideration
Whether the suit premises measured more than 14 sq.mtrs. so as to be exempt from the Karnataka Rent Act, 1999, and whether the Small Causes Court had pecuniary jurisdiction to entertain the suit for ejectment and mesne profits.
Final Decision
The High Court allowed the revision petition, set aside the judgment and decree dated 24.03.2015 passed in S.C.No.1419/2012, and remanded the matter to the trial court for fresh consideration in accordance with law.
Law Points
- Karnataka Rent Act
- 1999
- Section 2(3)(f) exemption for premises measuring more than 14 sq.mtrs.
- Small Causes Court jurisdiction
- mesne profits
- burden of proof on landlord to show exemption
