YASIMSAB FAKRUDDINSAB DORI Vs. BASAPPA

JUDGEMENT

(1.) This Civil Revision Petition is preferred against the order dated 24-7-1984 passed by the II Additional District Judge, Dharwar in Civil Revision Petition No.276/1982 confirming the order dated 1-10-1982 passed in H.R.C. No.69/1980 by the II Additional Munsiff, Dharwad.

(2.) This Civil Revision Petition is referred to a Division Bench by Shyamsundar J., on the ground that Kulkarni, J., has taken conflicting views in the two cases, namely, MOHAMMED GHOUSE vs JANA HAJI SYED IBRAHIM, SINCE DECEASED BY L.RS. and BHARAT PETROLEUM CORPORATION LTD. vs REVANAPPA SANGAPPA.

(3.) The petitioner in this Revision Petition is a tenant of the schedule premises - front portion bearing City Survey No.2649/M, situated at Mangalvarpet, Dharwar City, measuring about 12' length and 10' width. The premises is a non-residential premises used for the purpose of running a flour mill. One Shri Basappa, adopted son of Basappa Hangarki was the landlord of the premises. He filed the aforesaid H.R.C. No.69/1980 for possession of the schedule premises on the ground that he required the premises reasonably and bonafide for his own occupation i.e., for running a Kirana shop. The actual plea contained in para-2 of the petition is as follows: <IMG>JUDGEMENT_3954_ILR(KAR)_1991Image1.jpg</IMG> <IMG>JUDGEMENT_3954_ILR(KAR)_1991Image2.jpg</IMG>