Facts of the Case

M/s Z.K. Enterprises and its representative, tenants under rent agreements dated 02.12.2020 for two premises (monthly rent ₹12,500 and ₹10,500 respectively), had paid advance deposits of ₹1,25,000 for each premises. The landlord, Mahaboob Pasha, terminated the tenancies by notice and, upon non-payment of rent thereafter, obtained decrees from the Court of Small Causes, Bengaluru (S.C. Nos.15212/2021 and 15068/2022, both decided 01.02.2023) for arrears of rent and damages. The tenants filed these two civil revision petitions challenging the trial court's decrees.

Issues Involved

  1. Whether the trial court erred in determining rent arrears and damages without properly considering the documents produced by the tenants, including an interim order in a separate civil suit and a GST registration certificate.
  2. The scope of a civil revision petition under Section 18 of the Karnataka Small Causes Courts Act.

Petitioner's Arguments

  • The trial court had considered only the landlord's documents and ignored those marked by the tenant, including an interim order in O.S. No.5519/2021.
  • The tenant had been regularly paying rent by postal order and was being harassed by the landlord, preventing him from running his business at the premises.

Respondent's Arguments

  • Except for a small payment of ₹69,000 after termination and subsequent payments made only after the Court's own direction (January to June 2023), rent had not been paid.
  • The trial court had correctly considered the termination notice and postal acknowledgments, which the tenant did not dispute.

Court Order / Findings

  • The Court found that the tenancy agreements, termination notices and postal acknowledgments were undisputed, and that the tenant had produced documents including an interim civil-suit order, a certified PCR copy, and a GST registration certificate (Exhibits D1-D3), but had not produced any document proving rent had actually been paid after termination beyond a few small amounts.
  • Holding that revisional jurisdiction was narrow and finding no error in the trial court's reasoning, the Court dismissed both revision petitions, giving the tenants three months to vacate and permitting the landlord to adjust arrears against the advance deposit, with liberty to file execution proceedings for any shortfall.

Important Clarification

This is a landlord-tenant rent dispute decided under the Karnataka Small Causes Courts Act — GST is mentioned only because the tenant's GST registration certificate was one of several exhibits placed on record (apparently to establish the tenant's business identity), not because any GST law question was in issue. No GST ruling of any kind was made.

Sections Involved

  • Karnataka Small Causes Courts Act, 1964 — Section 18 (revision)
  • Transfer of Property Act, 1882 — landlord-tenant provisions (background)

Decision – In Favour of

Respondent (landlord, Mahaboob Pasha) — both revision petitions dismissed; trial court's eviction and arrears orders upheld.

Case Details

  • Court: High Court of Karnataka at Bengaluru
  • Case: Civil Revision Petition No.166 of 2023 with CRP No.167 of 2023
  • Neutral Citation: 2023:KHC:26653
  • Coram: Hon'ble Mr. Justice H.P. Sandesh
  • Date: 27.07.2023

Link to Download the Order

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