CHANDRAPPA Vs. D DUGGAPPA

JUDGEMENT

(1.) THE petitioner - tenant has presented this petition being aggrieved by the order of the Court -below setting aside the order dated 11.3,1996 passed by the Prl. Munsiff, Chitradurga dismissing the petition filed by the respondent - landlord for eviction under Section 21(1)(a)(h) and (i) of the Karnataka Rent Control Act, 1961 ('the repealed Act' for short) and allowing the petition filed by the respondent -landlord under Section 21(1)(h) of the repealed Act.

(2.) THERE is no revision by the respondent -landlord against the dismissal of the petition filed by him under Clauses (a) and (i) of the repealed Act.

(3.) THE landlord filed the eviction petition under Section 21(1)(a) (h) (i) of the Karnataka Rent Control Act, 1961 on the ground that he was working as a teacher in Bommenahalli village and was residing there in a rented house and he intends to shifts to Chitradurga after his retirement. He further averred in the petition that his wife also owns some lands in Hireguntanur Hobli, Chitradurga Taluk which all these years was given for cultivation on contract basis and after his retirement he intends to cultivate the said lands personally. It is stated in the petition that the said lands are situate much closer to the Chitradurga town and are a long distance away from Bommenahalli. The landlord also stated that his children are also studying in Chitradurga town and their stay in the petition premises is essential for prosecuting their studies in Chitradurga town. The petition under Section 21(1)(h) of the repealed Act was presented by the landlord on these grounds.