LAWS(KAR)-2002-2-31

JAIN CLOTH STORES Vs. M KEWALCHAND

Decided On February 06, 2002
JAIN CLOTH STORES, BANGALORE Appellant
V/S
M.KEWALCHAND (DECEASED) BY L.RS Respondents

JUDGEMENT

(1.) THIS revision petition under Section 50 (1) of the Karnataka Rent control Act, 1961 (hereinafter referred to as 'the repealed Act'), is filed by the tenant against the order of eviction dated 27-6-1997 passed by the Small Causes Court in H. R. C. No. 4351 of 1980.

(2.) THE deceased respondent was the landlord and petitioner was the tenant in the Trial Court. The respondents herein are the legal heirs of deceased landlord. For the sake of convenience, the rank of the parties is referred to as 'landlord' and 'tenant' respectively.

(3.) THE brief facts of the case are, the landlord filed petition in H. R. C. No. 4351 of 1980 under Section 21 (1) (a) and (h) of the repealed Act seeking eviction of the tenant on the ground that the tenant is in arrears of rent and that the landlord requires the petition schedule premises for his bona fide use and occupation. The tenant resisted the eviction petition denying the claim of the landlord and the jural relationship and taking various stands and prayed for dismissal of the petition. The stand of the parties will be referred to while considering the revision petition on merits. Parties led evidence and produced documents' in support of their case. Upon appreciation of the material evidence placed on record, the Small Causes Court by its order dated 27-6-1997 allowed the eviction petition on all the grounds urged in the eviction petition directing the tenant to vacate and deliver vacant possession of the petition schedule premises to the landlord within three months and to deposit the arrears of rent of Rs. 23,205/- within three months. Aggrieved by the same, the tenant has filed this revision petition.