GIRIJAMMA Vs. KAMALA ENGINEERING WORKS BANGALORE

JUDGEMENT

(1.) HEARD the learned counsel for both the parties. Perused the papers.

(2.) ). These two revisions HRRP Nos. 1814/1996 and 81/1997 arise out of the order dated 30th September, 1996 of the XIII Additional Judge, Court of Small Causes, Mayo Hall, Bangalore, in H. R. C. No. 10279/1991. Landlady (first petitioner) Girijamma instituted eviction proceedings under Section 21 (1) (h) and (p) of the Karnataka Rent Control Act, 1961. This application was opposed by the respondent. Therefore, after contest, by order dated 30-9-1996, eviction under Section 21 (1) (h) was granted and the respondent was directed to vacate and hand over vacant possession of the premises within three months. Eviction under Section 21 (1) (p) was refused. It is, therefore, the tenant has filed HRRP No. 1814/1996 challenging the eviction order under Section 21 (1) (h) and the landlady HRRP No. 81/1997 challenging the order refusing to evict under Section 21 (1) (p) of the Act. This common order dispose of both the revision petitions.

(3.) THE undisputed facts are that the leased premises belonged to one Ganapathy, husband of the first petitioner and father of petitioners 2 to 4. He had leased the premises now in occupation of the tenant in about the year 1970 and some time thereafter additional area was also leased, the rent at the beginning of the tenancy was Rs. 100/- a month and after leasing the other area, it was increased from time to time and on the date of petition, the rent paid was Rs. 400/- a month. In the year 1986, petitioners instituted eviction petition in H. R. C. No. 10701/1986 under Section 21 (1) (h), (p), (b) and (f) of the Rent Control Act. During the pendency of the said petition, on 14-2-1989 father of the respondent died and thereafter on 14-9-1989, parties entered into a compromise and accordingly, the respondent tenant surrendered an area measuring 23 feet x 23 feet and retained the disputed area which was originally leased in the year 1970 and accordingly, the petition was closed on 14-9-1989. Again in the year 1991, the present eviction petition is filed on the ground under Section 21 (1) (h) and (p) of the Act.