GULAM RASUL MANUWALA Vs. SUSHEELAMMA

JUDGEMENT

(1.) THIS revision, filed under Section 115 CPC is by the tenant. Susheelamma-respondent herein, had filed an application under Clauses (a), (i) and (h) of sub-section (1) of Section 21 of the Karnataka Rent Control Act, 1961 (the Act) in the court of the Principle Munsiff, Shimoga, in H.R.C. No. 66 of 1975 against her tenant-Gulam Rasul Manrulwala the petitioner herein, claiming possession of the premises bearing No. 5211, Kalidas Street Shimoga City. On the tenant's raising objections to the claim made by the landlady the Court below received evidence, heard the parties concerned, and allowed the application only under clause (a) of Section 21(1) of the Act. The tenant preferred a revision in H.R.C.R.P. No. 45 of 1978 in the Court of the District Judge, Shimoga. The learned Judge has confirmed the order of the Munsiff. That order is under challenge in this revision.

(2.) IT was argued by the learned Counsel for the petitioner-tenant that the Courts below had failed to properly construe sub-section (2) of Section 21 of the Act, in particular clause (ii) thereof. It was his submission that this provision (Section 21(2)(ii)) conferring as it does, a discretion on Court to give relief to tenant in the matter of their eviction for non-payment of rent requires to be liberally construed. In this connection, drawing an analogy between Section 114 of the Transfer of Property Act, 1882, and this provision he requested me to keep in mind decision rendered thereunder while examining the scope of this provision.

(3.) THE Act, while placing restrictions on the powers of landlords, in the matter of eviction of tenants, lays down conditions which alone provide cause of action for them to recover possession of the premises leased. Those conditions, some of them further hedged in, are enumerated in Section 21 of the Act. Clause (a) of sub-section (1) of Section 21 read with Section 21(2) is one such. As provided therein a cause of action arises in favour of a landlord to apply for eviction of his tenant on the tenant not paying the rent due within two months of the date on which he had received the statutory notice sent by the landlord. But, further restrictions are placed on the power of the Court in awarding possession of the premises terminating the tenancy. Sub-section (2) which places such restrictions may be noted :