SHASHIBHUSHAN M Vs. BATA INDIA LIMITED

JUDGEMENT

(1.) This revision petition by the landlord is directed against the trial Court's order rejecting his claim for eviction of the tenant on the grounds under Section 21(lXh) and (p) of the Karnataka Rent Control Act, 1961 ('the Act').

(2.) The premises is a shop in which the tenant is having its godown. The tenancyis not disputed. The landlord's case, as pleaded earlier, was that the premises is required reasonably and bona fide for setting up his own business as he has no other avocation. Later, he sought for amendment of the petiiion by incorporating para 6(a) lo the petition, that, having completed his M.B.B.S. course he intends to set up and carry on medical practice for which purpose the premises is reasonably and bona fide required by him.

(3.) The landlord's further case is that the tenant has built a suitable alternate accommodation bearing No. 37, Old No. 28, Subedar Chatram Road, facing Kempegowda Circle, Bangalorc-9. That, the new premises in his possession has tbree times the accommodation that was available to the tenant earlier. In the' circumstances, the tenant has forfeited his right to continue in occupation of the schedule premises and hence liable to be evicted under clause (p) of Section 21(1) of the Act.