A S GUPTA Vs. V RAMACHANDRA NAIDU

JUDGEMENT

(1.) THIS revision petition under Section 46 (1) of the Karnataka Rent Act, 1999 is directed against the order dated 30-9-2002 passed by the Court of the XV Additional Small Causes Judge, Mayohall Unit, Bangalore, scch 19 in HRC No. 10638 of 1992.

(2.) THE landlord had filed an eviction petition under Section 21 (l) (a), (h) and (o) of the Karnataka Rent Control Act, 1961 as against the respondents therein. The respondent 1 was a Private Limited Company and the respondent 2 was the Managing Director. The premises is a residential premises comprising of ground floor portion, first floor portion with a garage at Park Road, Tasker Town, Bangalore, which is a residential extension of Bangalore City.

(3.) THE landlord alleged that the rate of rent is Rs. 1,400/- per month and the tenant was in arrears of rent. That the premises was required for his use and occupation, particularly, for the members of his family as his sons, one of whom was married and the other son was also of marriageable age and as such wanted to settle their families separately. The petitioner pleaded that he was himself living with his brother, brother's sons as a joint family. The petitioner also pleaded that the premises though was leased out exclusively for residential purpose, the respondent-tenant had set up a medical clinic there and had also sublet the garage portion for some commercial activity. Such acts of the tenant was in violation of the original terms of lease. That the tenant was required to be evicted for not only the violations but, also for the requirement of the landlord himself.