JOSEPH DSOUZA Vs. STATE OF MYSORE

JUDGEMENT

(1.) This is a revision petition under S.50 of the Mysore Rent Control Act, 1961, shortly called the Act, preferred by the landlord against the order made by the First Additional District Judge, in HRCA. No.34 of 1970 by which he reversed the order in HRC. 1083 of 1967 made by the Principal First Munsiff, Bangalore.

(2.) The first respondent is the State of Mysore in whose favour the premises in question were leased by the father of the petitioner in the year 1954. It was a lease for eight years, specifically for running toddy and arrack shops thein. The premises originally was a vacant plot. After the lease, sheds appear to have been constructed for the purpose of running the toddy and arrack shops. After the death of the original lessor, his widow, two sons and a daughter became entitled to the premsies. The petitioner who is one of the sons and also the power of attorney holder of the remaining children of the deceased lessor, filed a petition for eviction under S.21(1) (d), (e), (h) and (1) of the Act. Before the Munsiff, it was mainly contended that the premises are reasonably and bona fide required by the landlord as he has already entered into an agreement with a third party (PW.4) for the construction of a theatre and that the running of the toddy and arrack shops in the premises has been causing nuisance or annoyance to the adjoining or neighbouring occupiers of the premises.

(3.) In support of the case, the petitioner has examined PWs. 1 to 5. On behalf of the State of Mysore, one of the clerks in the Excise Department has been examined.