ROSALINE THERESA FERNANDES Vs. P N APPANNA

JUDGEMENT

(1.) THE petitioner-landlord questions the validity and correctness of the order dated 7-8-2000 passed by the court-below in HRRP 130/99 setting ,aside the order of eviction dated 1-9-1999 passed by the I Addl Civil Judge (Jr Dn) Mangalore in H R C 175/95 and dismissing the eviction petition filed by her against the respondent tenant

(2.) THE petitioner purchased the petition premises along with the appurtenant land from its previous owner one Edward John Quardross on 6-8-1983 The respondent-tenant was inducted into the petition premises by the said Edward John Quardross on 1-11-1976 and he continued to be tenant under the petitioner The petitioner filed the eviction petition for eviction of the tenant on the ground that the premises were required by her son and also on the ground that the tenant had secured a suitable alternate accommodation It was further her case that the tenant has built an additional room and also put up a permanent shed adjoining the said room She sought for eviction of tenant on all these grounds The trial court allowed the petition filed under Sec 21 (1) (h) and (p) of the Karnataka Rent Control Act, 1961 (repealed Act for short) Being aggrieved, the tenant went up in revision before the court-below and the court-below set aside the order of eviction passed under See 21 (1) (h) and (p) and dismissed the eviction petition in to Aggrieved by the dismissal of the eviction petition, the present revision is filed by the landlord

(3.) HEARD the learned counsel on both sides