LAWS(KAR)-1983-8-37

K GURUSIDDAIAH Vs. A VITTAL BHAT

Decided On August 30, 1983
K.GURUSIDDAIAH Appellant
V/S
A.VITTAL BHAT Respondents

JUDGEMENT

(1.) The revision by the landlord is directed against the order dated 28-6-1978 passed by the District Judge, Bellary in H. R. C, Revision Petition 25 of 1977, reversing the order of eviction dated 28-1-1977 passed by the Prl. Munsiff, Hospet in H. R. C. 16 of 1975.

(2.) The petitioner-landlord filed the eviction 'petition under Section 21(1) (f), (h) and (i) of the Karnataka Rent Control Act, alleging that this opponent No. 1 had sublet portions of the petition premises to opponents Nos. 2 to 4 and others and that he requires the petition premises bona fide and reason ably for his own use and that he also requires the petition premises for the immediate purpose of repairs and that the re pairs cannot be carried out without the tenant vacating the same.

(3.) The petition premises was leased out to opponent No. 1 on a monthly rent of Rs. 180/- under a registered lease deed dated 29-7-1965 and the period of lease contracted under the said lease deed was 20 years. On account of opponent No. 1 subletting the, portions of the property the, landlord gave a notice to opponent No. I in June 1969. Opponent No. 1 at that time assured that he Will not sublet it hereafter. Notwithstanding the said undertaking, the opponent No. 1 has sublet the portions of the premises even now. A notice dated 13-9-1973 terminating the tenancy of the opponent No. 1 at the end of Jan. 1973 has been served on the opponent No. 1-tenant.