S.R. SUNDANA BAI Vs. S.S. SUNANDA

JUDGEMENT

(1.) THE premises in question is a residential house situated on the 8th Cross Road, Wilson Garden, Bangalore, comprising in it the garage portion of the out-house, and belongs to Sunanda Bai, petitioner herein. Admittedly Sinday, the respondent, is in occupation of the same as a monthly tenant.

(2.) SUNANDA Bai filed an application for recovery of the premises in question under clause (h) of sub-section (1) of Section 21 of the Karnataka Rent Control Act, 1961 (the Act) in the Court of the 10th Addl. Small Causes Judge, Bangalore City. It came up for consideration in HRC No. 2549 of 1980 on his file, and, he, by his order dated 3.4.1981 had dismissed her claim. That order is under challenge in this revision preferred under sub-section (1) of Section 50 of the Act.

(3.) THE learned counsel for the respondent, while supporting the impugned order, submitted that the finding of the Court below that Sunanda Bai did not reasonably and bonafide require the premises for her own use and occupation being a finding based on facts, was not liable to be interfered with, in this revision.