V R RAJAGOPALIAH SETTY Vs. N RADHAKRISHNA

JUDGEMENT

(1.) The revision petition by the landlord is directed against the order dt. 22.4.1978 passed by the District Judge, Kolar, in H.R.R.P.No.70 of 1976 setting aside the order of eviction passed by the Munsiff, K.G.F. in H.R.C.No. 17 of 1973.

(2.) The parties have been referred to in the course of this order with reference to their position in the trial Court.

(3.) The petitioner-landlord filed the petition under S. 21 (1) (a), (b) and (c) of the Karnataka Rent Control Act, 1961, alleging that the schedule premises had been leased out to the opponent tenant on a monthly rent of Rs. 50 and that he had executed rent note dt. 1.7.1969 and that he had fallen in arrears to the tune of Rs. 350. According to him, the opponent tenant demolished the wall existing in the schedule premises on the eastern side between verandah passage and the room and he has constructed a new wall in the room portion. This is in violation of clause (o) of Sec. 108 of the Transfer of Property Act. He has unlawfully erected a permanent structure without the consent of the landlord. Hence under the said circumstances, he filed the petiton for eviction.