K S MUDDUGOWRAMMA Vs. P SURYANARAYANA

JUDGEMENT

(1.) BEING aggrieved by the concurrent findings of the Courts below rejecting petitioner's prayer for eviction of the tenant on the grounds available under Clauses (a) and (h) of Section 21 (1) of the Karnataka Rent Control Act, 1961, the petitioner-landlord has preferred this revision petition under Section 115 of the CPC.

(2.) THE facts necessary for the disposal of the revision petition, briefly stated, are as under: (i) The petitioner filed the eviction petition claiming that the respondent was a tenant under her in respect of the petition property on a monthly rent of Rs. 200/- and he had failed to pay rent of the said property from 1-2-1984 to 30-9-1985 in spite of several demands and legal notice dated 12-6-1985. She further claimed in the petition that the petition premises is required by her for the bona fide use and occupation of herself and her family members. (ii) The learned Munsiff on a detailed examination of the claim of the petitioner and the defence put forth by the respondent-tenant, rejected the eviction petition on both the grounds. The petitioner took the matter in revision proceedings, in the Court below the respondent-tenant passed away and his legal representatives were brought on record. The Court below concurred with the findings recorded by the learned Munsiff and rejected the revision in toto. Aggrieved by the dismissal of both the eviction and the revision petitions, the petitioner has moved this Court in this revision under Section 115 of the CPC.

(3.) THE original tenant disputed the claim of the petitioner under both heads. ' The petitioner's learned Counsel however did not press the ground under Clause (a) in this revision.