SRAT SARALA SHETTY Vs. Y RUMAKRISHNUYYA

JUDGEMENT

(1.) This is a tenants' Revision Petition filed under sub-section (1) of Section 50 of the Karnataka Rent Control Act, 1961 (for short 'the Act') against the order of eviction dated 19-/-1990 passed against them by the Chief Judge, Court of Small Causes, Bangalore City (for short 'the trial Court') in H.R.C. No. 87/1987 both under clauses (f) and (h) of the proviso to sub-section (1) of Section 21 of the Act giving one year's time to them to vacate and deliver vacant possession of the petition schedule non-residential premises to the respondent-landlord.

(2.) This Revision Petition is disposed of on merits at the stage of admission itself as agreed by Sri B.V. Acharya, learned senior counsel for the petitioners-tenants and Sri Udaya Holla, learned counsel for the respondent-landlord.

(3.) Respondent is admittedly the owner and landlord of the non-residential premises bearing No. 164/D consisting of a ground floor and first floor in which there are 12 rooms situate in II Cross, Nagappa Street, Sheshadripuram, Bangalore City (for short 'the premises'). It was taken on lease by late Sri V.R. Shetty from the respondent-landlord on 15-11-1974 for the purpose of running a restaurant in the ground floor and using the first floor for lodging purposes, agreeing to pay split-up rent of Rs. 550/- per month for the ground floor and Rs. 950/- per month for the first floor, in all Rs. 1,500/- per month subject to 10% increase in the rent at the end of every 5 years subject to a maximum of Rs. 2,000/- per month. Ex. P-9 is said to be the stamp paper lease deed dated 15-11-1974 executed by late Sri V.R. Shetty in favour of the landlord. Sri V.R. Shetty had paid a good-will of Rs. 25,000/- to the landlord and also purchased the furniture fitted in the first floor for Rs. 15,000/- under a separate document at the time of taking the premises leased to him. Sri V.R. Shetty was paying the split-up rent at the above rates and obtaining separate rent receipts from the landlord. Rent was also increased to Rs. 1,650/- with effect from December, 1979 after the expiry of the initial lease period of five years. Sri V.R. Shetty died on 18-6-1982. Thereafter, his widow Smt. Sarala Shetty (first petitioner herein) was running the hotel with the assistance of Annayyappa and Narayana Rao who are stated to be the Managers according to the petitioners-tenants and sub-lessees according to the respondent-landlord. Petitioners 3 to 5 are the three daughters and one son of late Sri V.R. Shelly and the first respondent and they were stated to be minors at the time of Sri V.R. Shelly s death in 1982 but they have since sttained majority as per their description in the cause-title of the petition.