Karnataka High Court
Smt Latha Juniwal vs Smt Vasanthi Bai on 24 November, 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF NOVEMBER, 2020
BEFORE
THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR
CIVIL REVISION PETITION NO.168 OF 2015 (SC)
BETWEEN:
SMT LATHA JUNIWAL,
W/O SRI.NARENDRA JUNIWAL,
MAJOR,
SHOP NO.3 & 4, # 2,
MASTHAN SAIB LANE,
OPP. NAGARTHPET JATKA STAND,
BANGALORE-560 002. ...PETITIONER
(BY SRI H J SANGHVI, ADVOCATE)
AND:
1. SMT VASANTHI BAI,
W/O SHANTILAL SHAH,
AGED ABOUT 58 YEARS,
R/AT NO.2, 2ND FLOOR,
MASTHAN SAIB LANE,
OPP. NAGARTHPET JATKA STAND,
BANGALORE-560 002.
REP. BY HER G.P.A. HOLDER
SRI.SHANTILAL SHAH,
S/O LATE HIRACHAND
AGED ABOUT 59 YEARS.
2. SRI JYOTHI NAGARESHWARA SWAMY
AND SRI CHANNAKESHAVASWAMY
TEMPLES, MANAGING COMMITTEE,
OFFICE AT GANIGARPET,
2
BANGALORE,
REPRESENTED BY ITS PRESIDENT
SRI T.ANANTHARAM AND
SECRETARY R MANJUNATHA. ...RESPONDENTS
(AMENDMENT CARRIED OUT
AS PER ORDER DATED:19.07.2019)
(BY SRI MADHUKAR NADIG C/R1,
SRI D.P.MAHESH, ADVOCATE FOR R2)
****
THIS CIVIL REVISION PETITION IS FILED UNDER
SECTION 18 OF THE SMALL CAUSES COURT ACT,
AGAINST THE JUDGMENT AND DECREES DATED
28.01.2015 PASSED IN S.C.NO.1741/2012 ON THE FILE OF
THE XVI ADDL. JUDGE, COURT OF SMALL CAUSES,
BANGALORE, DECREEING THE SUIT FOR EJECTMENT
AND MESNE PROFITS.
THIS PETITION COMING ON FOR ADMISSION THIS
DAY, THE COURT MADE THE FOLLOWING THROUGH
PHYSICAL HEARING:
ORDER
No representation by learned counsel for the petitioner.
2. Heard learned counsel for respondent No.2.
3. In the present case as per the order dated 07.04.2017 the application filed by the original 3 landlord/lessor, the Managing Committee of Sri.Jyothi Nagareshwara Swamy and Sri.Channakeshava Swamy Temples was allowed and impleaded as respondent No.2.
4. The present revision petition arises out of the judgment and order dated 28.01.2015 passed in S.C.No.1741/2012 by XVI Addl. Judge, Small Causes Court, Bengaluru, directing the defendant-appellant (tenant) to quit, vacate and deliver the vacant possession of the schedule property in favour of the plaintiff within two months from the date of the order and also to pay mesne profits at Rs.3,000/- p.m. to the plaintiff from the date of suit till the date of delivery of possession of suit property.
5. The revision petitioner has admitted in the petition that the real and lawful owner in respect of suit schedule premises is one Sri.Jyothi Nageshwara Swamy Temple and hence the respondent has no locus-standi 4 to file the above suit. According to petitioner, respondent No.2 being the real owner of the property, has come on record after expiry of lease period.
6. In view of the submission of the learned counsel for respondent No.2, there are no valid grounds to admit the revision petition. Accordingly, this revision petition is dismissed.
7. Respondent No.2 - The Managing Committee of Sri.Jyothi Nagareshwara Swamy and Sri.Channakeshava Swamy Temples is entitled to initiate further proceedings for eviction of the appellant- tenant by filing execution petition.
Sd/-
JUDGE BSR