MAMTHA SHENOY Vs. SMT. SIDDALINGAMMA AND ANOTHER

JUDGEMENT

(1.) THIS petition is filed against the order dated 4.3.1997 passed in HRC No. 420 of 1993. Landlord -Respondent filed a petition under Section 21(1)(h) seeking for possession from the Petitioner -tenant of the premises bearing No. 389/A, 19th Main, I Block, Rajajinagar, Bangalore on various grounds. Landlord has sought for eviction on the ground that the husband of the first Petitioner by name Sri B.S. Setty Rudrappa is suffering from Asthma and respiratory problems and that she is having two sons who are at Bettalsoor and they are having children and the grand children of the Petitioner are not getting good education in the village. She wants this premises for her bonafide use and occupation. It is stated that the accommodation available in the existing premises is not sufficient to meet the requirements. Petitioner also states that she has become old and she wanted to come to Bangalore.

(2.) THE matter was contested and during the pendency of the petition the husband of the Petitioner died. The trial Court allowed the petition filed by the landlord and six months time was granted to the tenant to hand over vacant possession. This order is challenged before me by the tenant.

(3.) I have gone through the impugned order. It is clear to me from the pleadings that the Petitioner sought for possession of the premises on the ground of medical suffering of her husband; additional accommodation for her two sons and grand children; and her ill -health. During the pendency of the petition the husband of the Petitioner died therefore the ground of medical suffering of her husband came to an end. There remained only two grounds namely: additional accommodation for her two sons and her ill -health. These grounds found favour with the trial Court. The trial Court after considering the evidence ordered eviction.