(1.) THIS revision under Section 50 (1) of the Karnataka Rent Control Act, 1961 (for short, 'the Act') is directed against the order of the Judge, court of Small Causes, Bangalore, dated 28-11-1996 in H. R. C. No. 2658 i of 1987. Revision petitioner is the respondent-tenant and the respondent herein is the petitioner-landlord. Hereinafter, I shall refer to the parties as they are shown in the eviction petition for the purpose of convenience. On 29-3-1987 petitioner filed petition under Section 21 (l) (h), (j) and (p) of the Act and subsequently on 28-1-1995 gave up the claim under section 21 (1) (j ). Respondent opposed the application. Therefore, the parties went into trial, examined the witnesses and the Court by the impugned order refused eviction under Section 21 (l) (p) of the Act, however allowed the application under Section 21 (l) (h) and directed the tenant to vacate and handover vacant possession of the premises within six months from the date of the order. Tenant has now challenged the order of eviction under Section 21 (1) (h) of the Act. Petitioner-landlord has not challenged the rejection of the application under Section 21 (1) (p) of the act.
(2.) HEARD the learned Counsels for both the parties. Perused the papers,
(3.) BRIEF history of the case is as follows: premises in question is a non-residential premises consisting of two storeys situated in Chickpet, a prime commercial centre in the City of bangalore. It measures according to the petitioner 10' x 30' but according to the respondent it is about 9' x 26. 5'. It has neither water facility nor toilet facility, undisputably there is no bathroom. It has come in evidence that the premises was purchased by the father of the petitioner and in partition fell to the share of the petitioner. Respondent, a partnership firm, dealing in the sale of Kanjeevaram Sarees is in occupation of the premises for over 40 years having taken it on lease from the father of the petitioner on a monthly rent of Rs. 175/ -. Respondents-1 (a)to (c) are the partners of the partnership firm called M/s. Kaiser-I-Hind-Depot.