K. SREEDHAR Vs. AUGUSTAN SLIM

JUDGEMENT

(1.) THIS petition by the landlord is directed against the order, dated 3.1.1977, passed by the First Additional Civil Judge, Bangalore City, in H.R.C. No. 1492/1975, on his file, dismissing the petition for eviction filed by him, with costs.

(2.) THE landlord filed an application under Section 21(1)(f)(h) and (p) of the Karnataka Rent Control Act, which will hereinafter be called as the Act, praying for eviction of the tenant from the petition schedule premises which is a portion of door No. 2027/80 -81 (Old No. 1623) of 17th Cross, Malleswaram, Bangalore -3. The basis for the said eviction has to be gathered from the petition and is as follows :

(3.) WHILE admitting that the petition schedule premises was allotted to the first respondent through the Rent Controller, the first respondent denied that he has sublet the premises to the second respondent in view of the fact that the relationship between them is that of a son and father. They also further denied that the petitioner bonafide and reasonably requires the premises for establishing his office in respect of his alleged boiler industry. On the other hand they have stated that the premises in question is not at all suited for starting the office in question as it is situated in a residential locality. They have stated that the petition is the outcome of refusal on the part of respondents to enhance the rent. They also stated that the petition is the outcome of refusal on the part of respondents to enhance the rent. They also stated that a portion of the building became vacant subsequent to the filing of the petition and the same was got demolished thereby damaging the portion of the schedule property also. Lastly, they submitted with regard to the question of hardship and contended that they would be put to much more hardship than the petitioner in case they are evicted. They prayed for the dismissal of the petition.