ABDUL SATTAR Vs. KHUTEJABI

JUDGEMENT

(1.) A petition for eviction of the tenants on the ground available under clause (p) of sub-section (1) of Section 21 of the Karnataka Rent Control Act, 1961 (hereinafter, the Act for short) was allowed by the trial Court and the order of eviction was confirmed by the revisional Court under Section 50 of the Act. However, in the revision under Section 115 of the C.P.C. preferred by the tenants, the High Court has reversed the findings of the two Courts below and held the petition liable to be dismissed. The aggrieved landlord has filed this appeal by special leave.

(2.) The admitted facts are that the appellant is the owner-cum-landlord of the suit premises. In the year 1955, the landlord inducted late Mohammed Gouse as tenant in the suit premises, which are residential. The tenants family consisted of his wife and four sons, who have all been residing in the suit premises jointly with the tenant as members of his family. In the year 1984, a house came to be allotted by the Housing Board to one of the sons of the tenant, namely, Mohammed Ismail. Mohammed Gouse, the tenant, died in the year 1988 and the tenancy rights devolved upon the widow and the four sons including the son in whose name the house from the Housing Board had stood allotted in the year 1984. In the year 1990, the landlord initiated proceedings for eviction of the tenants (the five heirs of late Mohammed Gouse) on the ground that one of the tenants has been allotted a building suitable for their residence.

(3.) Section 21(1)(p) of the Act reads as under :