R SETHURAJAN Vs. N S KRISHNA SETTY

JUDGEMENT

(1.) THIS revision petition tinder Section 46 (1) of the Karnataka Rent Act, 1999 ('the Act' for short) is preferred against the order dated 22-2-2003 passed by the Court below in H. R. C. No. 1991 of 1997 allowing the petition filed for eviction under Section 27 (2) (r) of the Act.

(2.) THE respondent-landlord filed the petition under Section 21 (1) (h) of the Karnataka Rent Control Act, 1961 ('the repealed Act' for short) for eviction on the ground that the ground floor portion of the premises in his occupation consisting of three bed rooms is not sufficient for him to accommodate his two married sons, their wives and children and one unmarried son. It was also pleaded by him that his married daughter also often visits his house and he is finding it difficult to accommodate them during their visits. It was further pleaded by the landlord that his unmarried son Manoj Kumar has reached the marriageable age and for want of accommodation he is not in a position to conduct his marriage. On these averments he has sought for an order of eviction against the tenant.

(3.) THE petitioner-tenant disputed the claim of the landlord that the accommodation available to him consists only of three bed rooms. He set up the defence that the landlord has 8 rooms to accommodate himself and his family members and case as put forth by the landlord is false and untenable. It was pleaded by the tenant that the landlord owns other 16 residential houses and, therefore, the requirement of the landlord as contended by him in the petition is not real. With this defence, the petitioner-tenant sought for the dismissal of the eviction petition.