LAWS(KAR)-2004-3-88

JAYA ANDREWS Vs. YUSUF (DECEASED) BY L.RS.

Decided On March 27, 2004
Jaya Andrews Appellant
V/S
Yusuf (Deceased) By L.Rs. Respondents

JUDGEMENT

(1.) THOUGH the matter is listed for admission, by consent of the learned Counsel appearing for the parties, this revision petition is taken up for final hearing.

(2.) THE landlord challenges the order passed by the learned District Judge allowing the revision of tenant.

(3.) EVICTION is sought by the Petitioner in respect of the petition schedule property which is a vacant land measuring 455 square feet with a building thereon. The case of the Petitioner is that the Respondent is a tenant on a monthly rent of Rs. 10/ -. The Petitioner was working as a turner at St. Joseph's Work Shop at Jeppu, Mangalore and that he was getting a meagre salary. He wants to set up an independent workshop of his own. It is his case that he has no other alternate suitable premises for setting up such a business. The premises which is in the occupation of the tenant is suitable for commencing the workshop. It is his further case that he has got the necessary qualification and experience as turner and in the connected works and has got financial capacity. Therefore, sought eviction for his bonafide and reasonable use. He would further submit that if order of eviction is not granted, greater hardship will be caused to him. It is his further case that the Respondent is very irregular in payment of rents and is in arrears of rent.