MANGALORE JESUIT EDUCATION SOCIETY MANGALORE Vs. RITA DSOUZA

JUDGEMENT

(1.) THE Manmgalore Jesuit Education Society, a Society registered, is before this Court, challenging the order in Rent Revision Petition No. 312/87 on the file of District Judge, Dakshina Kannada, Mangalore, dt. 17-7-96 on the following facts.

(2.) PARTIES would be referred to as per their ranking viz. , landlord and tenant in this order. The landlord Society filed a petition before the Principal Munsiff, Mangalore in HRC No. 411/83 seeking eviction under Sec. 21 (1) (h) of the KRC Act. According to the petition averments the Society is running various educational institutions situated in one compound called College Gardens. Petition premises is situated in the same compound. There are several staff members working in the Institution and they need residential accommodation. The Society is unable to meet their demand and therefore they want this premises. They further contend that greater hardship would be caused to the petitioner if an order is not passed on this petition.

(3.) THE petition was contested by the tenant. The tenant denied the need of the landlord. It was also contended that just prior to the filing of the petition one building where middle school was run became vacant and that was leased to one SADHU BEEDI WORKS. Parties examined themselves in addition to filing several documents. Trial Judge framed 2 issues, one with regard to bona fide requirement and second with regard to hardship in para four of the order. Both issues he held in favour of the Society. This order of the trial Judge was challenged before the Revisional Court. Revisional Judge ruled against the Society. It allowed the revision filed by the tenant in the impugned order. In these circumstances the Society is before this Court challenging the order of the revisional Judge.