SHASHI KAPILA Vs. R P ASHWIN

JUDGEMENT

(1.) Leave granted.

(2.) The tenant of a residential building, situate at Jayamahal Extension, Bangalore who has been occupying it for nearly quarter of a century is now at the peril of being evacuated therefrom by his landlord. To resist the action launched by the landlord for evicting the tenant he has adopted a defence that his continuation in the building from April 1986 onwards was under a separate jural linkage on account of an agreement of sale executed by the landlord. But the said line of resistance did not succeed thus far. The partial relief he secured from the High Court, as per the impugned order, was not enough to thwart the impending eviction hence the tenant has filed the appeal by special leave.

(3.) The respondent landlord applied for an order of eviction of the appellant on two grounds envisaged under Section 21(1) of the Karnataka Rent Control Act. One was on the allegation that the tenant defaulted paying rent of the building for a few months and the other was that the landlord himself requires the building bona fide for his own occupation. Though the Rent Control Court (the Court of Small Causes Judge, Bangalore) granted the order of eviction on both grounds the High Court, in revision, restricted the order to the ground of bona fide need of the landlord.