S N NAGARAJA SETTY Vs. BRAMALAVATHAMMA

JUDGEMENT

(1.) The tenant has come up in revision against the order of the District Court, which directed the eviction of the tenant from the entire premises, whereas, the trial court had directed only partial eviction. The entire premises in question here, is itself is a portion of a house bearing Door No.365/6. The monthly rent is Rs. 80 /-; the schedule premises is in Mysore City.

(2.) The landlady, for want of her own accommodation has been residing in her married daughter's house at Tumkur; she has no other premises of her own in mysore; her desire is to spend her old-age in her own house. Earlier there was an order of eviction; the District Court revised it and remitted back the matter to the trial Court to consider the question of partial eviction after affording further opportunity to lead evidence; the tenant adduced some evidence and a Court Commissioner was appointed to gather information as to the schedule premises and to find out the feasibility of dividing the premises.

(3.) The sole question before the trial court, therefore, was the question of partial eviction. The Commissioner has reported that the premises in the occupation of the tenant consists of two rooms measuring 6' 2" X 5' 1 " and 6' 3" X 10' 3" respectively which was constructed by dividing a hall by a dwarf wall with a height of 7.1" X 10.3" having 11" thickness. The age of the building is 60 years. Walls are built up of brick in mud. The hall and the rooms and half portion of the kitchen are having Managalore tile roofing and the other half portion of the kitchen and open space is having zinc sheet roofing. The height of the main hall is of 19.7" at the entrance and 15' 3" on the sides with gabled roofing.