P KRISHNAIAH SETTY Vs. A V LAKSHMANA RAO

JUDGEMENT

(1.) These petitions arise out of proceedings under the Mysore House Rent Control and Accommodation Order of 1948. The petitioner in both these cases is the owner of the premises described in the schedule thereto, comprising of shops and dwelling portion and the respondents are the tenants of different portions thereof. The petitions were filed for evicting the respondents on the ground that the premises were required for the bona fide use and occupation by the owner himself. The House Rent Controller found in favour of the petitioner and directed eviction; but on appeal the Appellate Authority reversed the order and dismissed the petitions on the ground that the notices to quit were invalid in law.

(2.) The first of these petitions C. R. P. 334/ 51-52 arises from H. R. C. 20/49-50 filed by the petitioner against the respondent. Lakshmana Rao, the respondent took the lease of the portion of the property on 6-3-1944 from Thimmaiah and Nagappa, the mortgagees with possession for a period of 11 months on a rental of Rs. 13/- per mensem. After the expiry of the term of the lease the rent was raised to Rs. 15/-per mensem and the respondent continued to be a tenant from month to month paying the stipulated rent.

(3.) In H. R. C. 19/49-50 out of which C. R. P. 335/51-52 arises the respondent Narasimha Naidu took a shop portion comprised in the premises at a rent of Rs. 8/- per mensem from the said mortgagees, for a period of 11 months from 1-1- 46. Subsequently he also continued as a tenant from month to month paying the agreed rent. The petitioner purchased the entire property concerned in both these petitions from its owner on 22-1-48 for a sum of Rs. 10,000/- and the mortgage was discharged.