SESHADRI IYENGAR Vs. P V RAMADAS

JUDGEMENT

(1.) ALL these three revision petitions pertain to the same property bearing No. 24/37, Surveyor Street, Basavanagudi, Bangalore, which is the petition schedule premises. Since the parties are also common, these three revision petitions were heard together and disposed of by this common order.

(2.) THE petitioner-P. V. Ramadas in H. R. R. P. No. 184 of 2000 is the tenant and deceased K. Seshadri Iyengar, represented by Ms legal heirs, who are petitioners in H. R. R. P. Nos. 118 and 230 of 2000 is the landlord. For the sake of convenience, the parties are referred to as 'landlord and tenant'.

(3.) THE landlord filed petition under Section 21 (1) of the Karnataka rent Control Act, 1961 (now repealed, hereinafter called as the 'act')seeking eviction of the tenant under clause (a) on the ground that he is in arrears of rent; under clause (d) on the ground that the tenant is causing nuisance; and under clause (h) on the ground that the landlord require the petition schedule premises for their bona fide use and occupation. According to the landlord, the monthly rent is Rs. 3,000/- but the according to the tenant it is Rs. 1,500/ -. The tenant resisted the petition denying the case of the landlord. After trial, the Trial Court by its order dated 13-1-2000 allowed the petition under Section 21 (1) (d) of the Act and rejected the eviction under clauses (a) and (h) granted four months time to the tenant to vacate and deliver vacant possession of the premises. Being aggrieved by the same, the landlord has filed H. R. R. P. No. 230 of 2000 insofar as dismissal of eviction petition under Section 21 (l) (a) and (h) of the Act. At the same time, the tenant filed H. R. R. P. No. 184 of 2000 against the order allowing the eviction petition under section 21 (l) (d) of the Act.