SADRODDIN IBRAHIM Vs. NARAYANA RAMACHANDRA

JUDGEMENT

(1.) The revision petition is directed against the order dt. Jan. 25, 1977, made by the District Judge, Belgaum, in H.R.C. Appeal No. 7 of 1975 allowing the appeal and setting aside the order of eviction made by the Munsiff, Belgaum in H.R.C. No, 11977 of 1973.

(2.) The landlord filed the petition under S. 21. (1) (d) (h) (k) and (l) of the Karnataka Rent Control Act. 1961 (hereinafter referred to as 'the Rent Control Act') alleging that his son Mohamad Gous had studied upto 6th Standard and was unemployed. According to him, he intended to start some business so that his son Mohamad Gous would look after the same and maintain himself. 'He intends to construct a building in the petition pre mises so as to enable his son to run the business. He cannot construct any building in the petition premises unless it is vacated by the tenant. Under these circumstances, he required the possession of the petition premises bona fide and reasonably for erecting a building so as to enable his son to run the shop. The petition premises had been let out to the tenan for running a fire wood depot; but the tenant has, started selling illicit liquor also. The tenant is a drunkard, and has become a source of nuisance to the neighbouring locality. Even on this ground, he sought for possession. The tenant, has erected a structure in some portion of the petition premises without his knowledge and consent and also without obtaining permission from the local authority. It is an unauthorised construction. The municipal authorities have now issued notices to him to demolish the building. Hence he required the petition premises for the demolition also.

(3.) The tenant by his objections denied all the contentions of the landlord.