K C NAYARANA REDDY Vs. K S CHINNASWAMY

JUDGEMENT

(1.) THIS is a Revision Petition filed under Section 50 of the Karnataka rent Control Act, 1961 {'the Act' for short) against the order passed by the Chief Judge, Court of Small -Causes, Bangalore, dismissing the petition filed for eviction of the respondent-tenant under Clauses (h) and (p) of Section 21 (1) of the Act.

(2.) THE facts relevant for the disposal of the Revision Petition, briefly stated, are as follows: the shop premises bearing No. 353, Old No. 594, situated at kodihalli Main Road, Bangalore belongs to the petitioner. The respondent-tenant is running a Government fair-price depot in the said premises. The petitioner filed the eviction petition under Clauses (h) and (p) of Section 21 (1) of the Act on the ground that the shop premises is required for the bonaflde and reasonable use of the petitioner's brother and on the ground that the respondent-tenant has come into possession of alternative premises. The Court-below found that the petitioner-landlord had failed to prove his case on both these grounds and accordingly dismissed the eviction petition. Hence, the petitioner-landlord has preferred this Revision Petition.

(3.) I have heard the learned Counsel on both sides.