K G BELLIAPPA Vs. F C KUNDER

JUDGEMENT

(1.) this civil revision petition is preferred against the order dated 18th april, 1986 passed by the district judge, kodagu in rev. Pet. (rent) 17/85. The learned district judge has reversed the order of eviction dated 7.9.1985 passed by the learned principal munsiff, madikeri in hrc no, 4/1983. Hence, the landlord has come up in this revision petition.

(2.) the premises is a residential house knownas the "lodge" situated in s. No. 5, block No. 18 of madikeri town. The petitioner is the landlord and the respondent is the tenant. The petitioner was in railway service. On his retirement he filed an application under sec. 21(l)(h)(i) & (k) of the Karnataka Rent Control Act, 1961 (hereinafter referred to as the 'act') on the ground that he has retired from railway service and he has no other premises for the use and occupation of himself and his family. Therefore, he pleaded that he reasonably and bona fide required the possession of schedule premises. He also pleaded for possession of the premises on the grounds falling under clauses (i) and (k) of Section 21(1) of the act.

(3.) the respondent/tenant resisted the petition.