BHOOLCHAND Vs. KAY PEE CEE INVESTMENTS

JUDGEMENT

(1.) These appeals by special leave are by the tenant and the sub-tenant against a decree for eviction passed on the grounds of sub-letting and the reasonable and bona fide requirement of the respondent landlord specified in clauses (f) and (h) of the proviso to sub-section (1) of Section 21 of the Karnataka Rent Control Act, 1961 (hereinafter called "the Act"). The Trial Court had rejected the landlord's application for an order of eviction on these grounds, but the High Court in a revision under Section 50 of the Act has set aside the Trial Court's order and passed the decree for eviction on these grounds. Hence these appeals.

(2.) The material facts are undisputed at this stage. The premises comprise of two shops and a house adjoining the shops and belonged earlier to one T.A. Jotindranath Mudaliar. The premises were let out by the original lessor to M/s. Bhoolchand Chandiram (Appellant in Civil Appeal No. 4701 of 1985) on 4-10-1943 on terms contained in the letter dated 4-10-1943 from the original lessor to M/ s. Bhoolchand Chandiram which reads as under:

(3.) M/s. Bhoolchand Chandiram continued as a tenant in the premises and sometime in the year 1946 sublet one of the two shops to one 'Arts Palace'. Later, w.e.f. 1-4-1948 the appellant M/ s. Bhoolchand Chandiram inducted another sub-tenant M/s. Super Dry Cleaners (Appellant in Civil Appeal No. 4702 of 1985) in place of Arts Palace in the same shop. In 1960, a partition took place in the Hindu Undivided Family of Mudaliar brothers, the original lessor and the suit premises fell to the share of Narendranath Mudaliar. M/s. Bhoolchand Chandiram continued in the premises as the tenant with Super Dry Cleaners as the sub-tenant in one shop from 1-4-1948. The original lessor (including Narendranath Mudaliar after partition in the HUF of Mudaliar brothers) continued to take rent from the tenant M/ s. Bhoolchand Chandiram of the entire premises i.e. two shops and the house adjoining the shops till May, 1974. On 28-6-1974, the said Narendranath Mudaliar executed a registered sale deed in favour of respondent NO. 11 M/s. Kay Pee Cee Investments, a registered partnership firm comprising of three ladies of one family as partners, for the sale consideration of Rs. 1,40,000/ -. It may be mentioned that in a proceeding for fixation of standard rent between the original lessor and the tenant, monthly rent of Rs. 325 / - was fixed for the entire premises i.e. two shops and the house and the rent due up to May, 1974 was paid by the tenant to the original lessor. After execution of the said sale deed in favour of respondent No. 1, the tenant attorned in favour of respondent No. 1 and paid rent for the entire premises @.Rs. 325 per month to respondent No. 1.