RAMACHANDRA APPAYYA DESURKAR Vs. TULASABAI

JUDGEMENT

(1.) Petitioner is the landlord, and this revision application arises under the provisions of S. 50 of the Mysore Rent Control Act, 1961. The landlord, filed an application for eviction of the tenant under S. 21(1) (d) of the Act on the ground that respondent-4 used the premises for illegal purpose and that he was convicted for offences committed by him ana hence liable for eviction under S. 21(1) (d) of the Act.

(2.) The other joint tenants resisted the said application contending that the deceased Dattatraya was the original tenant and after his death his widow and the sons were the joint tenants and that at the time when respondent 4 committed the offence they were staying at Sawantwadi and that after coming to know of this they have driven away opponent 4 from the premises. It was therefore submitted that opponent 4 has now no connection and no illegal activity is now being carried on and therefore the order for eviction should not be passed against them.

(3.) The learned trial Judge rejected the contentions raised by the tenants and passed an order of eviction. This order was challenged before the District Judge who took a contrary view. He took the view that the provisions of S.21(1)(d) could not be invoked and hence allowed the appeal and set aside the order of eviction. It is the correctness of this order that is challenged in this revision application.