GANAPATIMARTHU PAI Vs. CHAIRMAN CONSUMERS CO OPERATIVE LIMITED

JUDGEMENT

(1.) SHOP No. 74 situate at kotitheerthaward in gokarna town panchayat, karwar, uttara kannada district, is in occupation of the respondent herein as a tenant (hereinafter referred to as 'tenant'), on a monthly rent of Rs. 23/- who has been using the same for the business of the 'consumers co-operative limited'. This shop earlier belonging to the hindu joint family of ganapati marthu pai, petitioner herein (hereinafter called as the landlord' for brevity ). The said ganapati marthu pai in the capacity of the manager of hindu joint family, he being the eldest male member had filed an eviction petition on the file of the learned munsiff, kumta in hrc No. 6 of 1979 against the respondent-tenant, seeking the tatter's eviction on two grounds.

(2.) THIS application was contested by the tenant.

(3.) THE learned munsiff allowed the eviction petition under section 21 (l) (a) of the act while rejected the same under Section 21 (l) (h ).