YASHODA BAI Vs. LAKSHMAMMA

JUDGEMENT

(1.) IN this revision by the tenant the challenge is to the order dated 20th June, 2000 passed by the learned Small Causes Judge, bangalore In H. R. C. 721/97 by which the learned Judge allowed the petition filed by the respondent-landlord under Section 21 (l) (h)of the Karnataka Rent Control Act, 1961 ('the repealed Act' for short ).

(2.) THE landlord filed the petition against the petitioner-tenant stating that the petitioner is a tenant under her on a monthly rent of Rs. 175/- and that she requires the petition premises to accommodate her son Ramkumar who has attained marriageable age. The case of the petitioner is that the accommodation available to her is only a small room and the accommodation available in the petition premises is a hall, room, kitchen, bathroom and a pooja room and she requires this accommodation for accommodating his son who is to be married. The petitioner-tenant denied that the landlord is the owner of the premises and set up a case that she is only a rent collector and in her capacity as rent collector she could not claim the eviction of the petitioner. It was further contended by the tenant that though two portions fell vacant after the filing of the petition the landlord did not choose to occupy the same but rented them out for higher rent. She also claimed that she would be put to greater hardship if eviction is ordered. The court-below considered relative merits of the contentions urged by both sides, passed an order allowing the eviction petition under clause (h) of Section 21 (1) of the Act. Being aggrieved, the petitioner-tenant has come up in this revision.

(3.) I have heard the learned Counsel on both sides.