BHAWARLAL HUKMICHAND JAIN Vs. R.D. SARVATHRA

JUDGEMENT

(1.) Though this matter is heard together, since the Trial Court has considered the matters independently, independent order has been passed.

(2.) This revision petition is filed challenging the order dtd. 23/06/2020 passed in HRC No.18/2018 on the file of the Chief Judge, Court of Small Causes, Bengaluru, allowing the petition filed under Sec. 27(2) (a) and (r) of the Karnataka Rent Act, 1999 for eviction which was filed in respect of shop No.2.

(3.) The petitioner-landlady contend that the Tenant was inducted in respect of the petition schedule premises vide lease deed dtd. 9/12/1987 on monthly rent of Rs.251.00, exclusive of water and electricity charges and the tenancy was as per calendar month and the lease was for a period of 11 months from 9/12/1987, subject to renewal by mutual consent. On mutual consent, the respondent was continued as a tenant without there being any further agreement. The respondent- tenant is a chronic defaulter in the matter of payment of rents and has not paid rent from 1/1/2009 to 31/12/2017, amounting to Rs.27,100.00 even after several demands. The petitioner-landlady got issued a legal notice on 11/12/2017 calling upon the respondent to pay arrears of rents within two months from the date of service of notice but, inspite of service of legal notice on 13/12/2017, the respondent has neither paid the arrears of rent nor vacated the schedule premises. It is also the contention of the petitioner-landlady that she is a widow, as her husband died on 7/11/1998 and her son is an unemployed person and she is intending to set up a textile business in the schedule premises and hence, the schedule premises is required for her bonafide use and occupation.