A.R. DAS Vs. D. SARGUNAM

JUDGEMENT

(1.) THIS petition by the tenant is directed against the order dated 8.12.1977 passed by the Additional Civil Judge, Civil Station, Bangalore, in H.R.C. No. 344 of 1977 allowing the petition and directing the tenant to vacate the schedule premises by end of April, 1978 subject to the condition that he shall pay the monthly rent which would become due from 1.12.1977 and onwards regularly and in default of payment of monthly rent for any two months consecutively he would become liable for eviction immediately.

(2.) BRIEF facts of the case are that the landlord filed a petition under Section 21(1)(h) of the Karnataka Rent Control Act, 1961 (shortly called the 'Act') before the trial Court praying for eviction of the tenant from the schedule premises on the ground that he is the owner of the said premises, that the tenant is occupying the same on a monthly rent of Rs. 40/-, that he and his family members are staying in the house of his brother and on account of the family trouble and compelling necessity he has to shift his family, that except the schedule premises he does not own any other premises and therefore he requires the schedule premises for his personal use and occupation. He also stated with regard to the exchange of notice between him and the tenant.

(3.) ON the aforesaid pleadings, the Court below formulated the points for determination. The parties adduced their respective evidence both with regard to the question of relationship of landlord and tenant and also with regard to the question of comparative hardship. The trial Court after assessing the material on record came to the conclusion that there exists the relationship of landlord and tenant between the parties and that point is accordingly held in favour of the landlord. It also came to the conclusion that the landlord requires the schedule premises for his personal use and occupation and accordingly passed an order of eviction as detailed above. It is the legality and correctness of the said order that is being assailed by the tenant in this petition.