MAHABOOBSAB Vs. RAMACHANDRAPPA NARAYANAPPA KAMPLI

JUDGEMENT

(1.) The petitioner is a tenant under the respondent in respect of a non-residential premises bearing CTS No. 544/B measuring 169 Sq. Yds., situated in Ward III of Hubli City. The landlord claimed possession of the premises in H.R.C. No, 293 of 1972 on the file of the Munsiff, Hubli under clause (h) of sub-sec. (1) of S. 21 of the Karnataka Rent Control Act, 1961 (the Act). Though the learned Munsiff held that the premises was reasonably and bona fide required by the land lord, he rejected his claim on the ground that greater hardship would be caused to the tenant by passing a decree than by refusing to pass it. In the revision preferred by the land lord, the II Additional District Judge, Hubli, by his order dt. 14-9-83, in C.R.P. No. 26 of 1977 on his file, upholding the landlord's claim has directed the tenant to vacate and handover vacant possession of the premises in favour of the land lord. In this revision preferred under S. 115 CPC, the tenant is challenging that order.

(2.) The tenant is carrying on wholesale business in fruits in the premises. The premises consists of a small room measuring about 35' x 35' and some open space in front. The tenant is said to have temporarily covered that space using the entire area for his business. The land lord has more than one business in the town. Near the premises in question he is also carrying on business in betel nuts in a rented premises.

(3.) Since both the Courts below have concurrently held that the land lord bonafide and reasonably required the premises in question for his own use I am not, in this revision under S. 115 CPC., inclined to disturb that finding.