C RANGA RAO Vs. C SOME GOWDA

JUDGEMENT

(1.) The Revision is filed against the order of Chief Judge of Small Causes at Bangalore in HRC No. 1207/1990. The petitioner is the tenant in the proceedings before the trial Court, the respondent is the landlord, who had filed an application for eviction of the petitioner from the petition schedule premises on the ground under Section 21(1)(h) and 21(c) of the Karnataka Rent Control Act. The landlord claims to be the owner of the property, acquired by way of allotment from K.H.B. The tenant-petitioner was inducted into the premises on a monthly rent of Rs. 300/- in the year 1979, and the rent has been enhanced from time to time and the rent was at Rs. 600/- when the petition was filed. It is the case of the petitioner that the premises is required for his residence and also for the residence of two of his daughters, who are residing in Women's Hostel in Bangalore. The petitioner is a retired Executive Engineer of P.W.D., and after his retirement it is contended that the premises is required for his occupation, therefore, also invoked the provision of Section 21(c) of the Karnataka Rent Control Act.

(2.) The petitioner-tenant strenuously contested the case of landlord on the ground that there exists no relationship of landlord and tenant and also that as on the date of petition, the landlord had no title over the property. The K.H.B. has cancelled the allotment in his favour. It is also said that the petitioner being a lawful Power of Attorney has conveyed the property by way of sale deed in favour of his wife by registered sale deed and as such the landlord-respondent has no right over the property.

(3.) The trial Court on consideration of the oral and documentary evidence rejected the contention of the tenant-petitioner that there exists no relationship of landlord and tenant, upheld the contention that the premises is required for his bonafide personal use and occupation, accordingly allowed the petition under Section 21(1)(h) and Section 21(c) of the Karnataka Rent Control Act. Being aggrieved, the Revision is filed.