NINGAPPA KONERAPPA Vs. SHANKARAPPA SHIDARAYAPPA

JUDGEMENT

(1.) These two revision petitions under S.50 of the Karnataka Rent Control Act, 1961 (hereinafter referred to as the 'Act') arise out of the same case, namely, HRC.184 of 1969. The petitioner in CRP.2311 of 1973 and the petitioner in CRP.2322 of 1973 are respondents 2 and 1 respectively in HRC. 184 of 1969. For the sake of convenience parties will be referred to in this petition according to their respective positions in the trial Court.

(2.) The petitioner-landlord filed the petition under S.21(1) of the Act for eviction of the respondents from the petition premises. Of the several grounds on which he sought for eviction, the material one for purpose of these petitions is, that he reasonably and bona-fide requires the petition premises for his own ocupation for constructing a building thsreon for hia residence and business. His case is that he was residing in rented premises from which he was evicted under a decree for eviction obtained by hia landlords.

(3.) The petition for eviction was resisted by respondents who pleaded, inter alia, that the petition premises had been leased to them permanently. However, they admitted that the first of them had sub-let to the second of them a portion of the petition premises.