G GIRIYAPPA Vs. ANANTHARAI L PAREKH

JUDGEMENT

(1.) The landlords-applicants in an application for eviction are the appellants in these three appeals. Facts leading to the filing of the appeals are as under.

(2.) Pursuant to the said lease the respondent No. 1 took possession of the site, constructed a building thereon and inducted the respondent Nos. 2 to 8 herein as his tenants (hereinafter referred to as the 'sub-tenants). Before the period of lease expired Gangadharappa died leaving behind the appellants as his heirs.

(3.) After the expiry of the period of lease the appellants served notices upon the respondent No. 1 and the sub-tenants, calling upon them to hand over vacant possession o the demised premises; and on their failure to do so filed an application in the Court of the Small Causes, Bangalore for recovery o possession on grounds mentioned in clauses (d), (f), (h), 0) and (p) of Section 2](1) of the Karnataka Rent Control Act, 1961 ('Act' for short). On consideration of the materials placed before it, the Court recorded a finding that the ground referred to in clause (p) of said section was only made out as the landlords had been able to prove that the respondent No. 1 had acquired another suitable building and shifted there to carry on his own business. As, according to the Court, 'tenant', as defined in Section 3(r) of the Act, did not include a person inducted by him after the coming into force of the Act it held that on proof of the above ground not only the respondent No. 1 but the other respondents also were liable to be evicted in view of Section 30 of the Act. Resultantly, the Court, passed an order directing eviction of all the respondents from the premises. Aggrieved thereby respondent Nos. 2, 3 and 4 herein filed three separate revision petitions in the High Court. On an analysis of the various provisions of the Act as applicable to the facts of the case, the High Court allowed the revision petitions and dismissed the application for eviction with the following findings:-