M K NARAYANAPPA Vs. GEETHA STORES

JUDGEMENT

(1.) In this revision petition, the petitioner who is the landlord, has challenged the order dated 24-9-1975 of the District Judge, Mysore, in H.R.C. Appeal No. 41 of 1971 reversing the order dated 21-9-1971 of the II Additional I Munsiff, Mysore, in H.R.C. No. 28 of 1968.

(2.) Premises bearing No. 1583 situated at Yelwal Road, Devraj Mohalla, Mysore, which belonged to a joint family consisting of the petitioner, his father and his brothers, had been leased some time in about the year 1948 by the Manager or Kartha oi the said joint Hindu family to the respondent, a partnership firm consisting of 4 partners, on a monthly rent of Rs. 130 for carrying on the business of the firm. On or about 1-2-1964 there was a partition amongst the members o,f the said joint Hindu family, in which the said premises was allotted to. the share of the petitioner and, thereafter the respondent has recognised the petitioner as its landlord 1o the said premises. In the said partition, the petitioner was not allotted any other residential or non-residential premises in the City of Mysore. '

(3.) On terminating the tenancy, which was not necessary, vide Dhanapal Chettiar v. Yeshodai Ammal AIR 1979 SC 1745., the petitioner as early as on 24-1-1968 filed a petition in H.R.C. No. 28 of 1968 under S. 21 (1) (h) of the Karnataka Rent Control Act of 1961 (hereinafter referred to as the Act) for eviction of the respondent from the said premises. The petitioner alleged that he had no, residential or non-residential premises of his own and that he requires the premises for his residence and for carrying on his own business. He alleged that he proposes to reconstruct the building, for residence and for carrying on his business in accordance with the license granted by the Municipality.