Ramesh vs Venkavva

S. Abdul Nazeer, J.—This revision petition is directed against the order in H.R.C. Revision Petition No. 16/2012 dated 27.07.2013 on the file of the V Additional District Judge, Belgaum, confirming the order in H.R.C. No. 58/2009 dated 28.07.2012 on the file of the II Additional Civil Judge, Belgaum.

The respondent filed the aforesaid eviction petition against the petitioners seeking their eviction u/s 27(2)(a), (g) and (r) of the Karnataka Rent Act, 1999.

The said petition was opposed by the petitioners herein mainly or: the ground that the property belongs to a trust and that the said trust is a charitable trust. Therefore, the eviction petition is not maintainable. It is the case of the petitioners that the trial court did not consider this contention and eviction was ordered.

Feeling aggrieved, the petitioners herein filed a revision petition raising the aforesaid contentions. The revisional Court dismissed the petition by holding that the petitioners have failed to establish that the trust in question is a charitable institution. Feeling aggrieved, they have filed this revision petition.

Having heard the learned counsel for the parties, I do not find any merit in this case. The petitioners have raised a plea that the property belongs to a charitable trust. However, they have not established the same before the trial Court. That is why, the revisional Court has dismissed the revision. Having perused the entire materials on record, I fully concur with the reasoning assigned by the revisional Court while dismissing the revision petition. No other contentions are urged before me while arguing the case by the learned Counsel for the parties.

At this stage, learned counsel for the petitioners seeks reasonable time to vacate and deliver the vacant possession of the premises in question. Having regard to the facts and circumstances of the case, it is just and proper to grant time to the petitioners to vacate and deliver the possession of the petition schedule property till 31.12.2014, subject to the petitioners filing an undertaking before this Court that they will voluntarily vacate the premises on or before the aforesaid date, that they will not alter the nature of petition schedule premises, they will not sublet/underlet the premises and they will pay the rent/damages regularly, as and when it falls due. The undertaking as above shall be filed within six weeks from the date of receipt of a copy of this order.

The petitioners are permitted to withdraw the rents deposited by them before the Controller/trial Court/Revisional Court, if any. They are directed to pay the entire arrears of rent/damages to the respondents within a period of eight weeks from the date of receipt of copy of this Order.

With the above observations, this revision petition is dismissed. No costs.