RAJIVI Vs. K SRINIVASA HEGDE

JUDGEMENT

(1.) this civil revision petition is filed under Section 115, CPC against the order dated 11-3-1988 passed in rrp No. 94 of 1986 on the file of the district judge, managalore, dakshina kannada, dismissing the revision and confirming the order dated 10-2-1986 passed by the principal munsiff and rent controller, puttur, dakshina kannada, in h.r.c. No. 18 of 1979 partly allowing the petition filed by the respondent under Section 21(l)(h) of the Karnataka Rent Control Act, 1961 (which will hereinafter be referred to as "the act").

(2.) I have heard the learned counsel for the petitioner and the learned counsel for the respondent fuily and perused the records of the case.

(3.) the facts leading to this revision petition arise as follows : it is not disputed that the respondent is the landlord of the petition premises. He filed the petition in the court of the munisiff and rent controller, puttur, dakshina kannada, against laxmi, wife of annappa bhandary and the petitioner herein rajivi for eviction under Section 21(l)(a), (b) and (h) of the act on the ground that the tenant laxmi failed to pay the rent to the respondent since 1978 and that she assigned her interest and sublet and parted with possession of a schedule building in favour of the petitioner and that the tenant has damaged the property by removing the bambo rafters as a result of which the building is likely to fall and that he wants the premises for constructing a new building for running his business as the space available to him wherein he is running his business in insufficient. The principal munsiff and rent controller, puttur, dakshina kannada, allowed the petition of the landlord in part and ordered for eviction of the petitioner herein under Section 21 (l) (h) of the act and dismissed the petition of the landlord under Section 21 (l) (a) and (b) of the act. The landlord as well as the petitioner were aggrieved by the said order and, therefore, the petitioner preferred r.r.p. No. 94 of 1986 and the landlord preferred r.r.p. No. 137 of 1986 against the order of the principal munsiff, puttur, in the court of the district judge, managalore, dakshina kannada. The district judge heard both the petitions together and passed a common order whereby he dismissed the revision petitions filed by the petitioner and the respondent confirming the order of eviction of the petitioner under Section 21(l)(h) of the act. It is this order that is challenged by the petitioner in this revision petition.