ANWAR BAIG ALIAS SARDAR SAHEB Vs. ABDUL KHADIR

JUDGEMENT

(1.) THE petitioner-tenant calls in question the validity and correctness of the order dated 10th September, 2003 passed by the XV Additional small Causes Judge, Mayo Hall, Bangalore in H. R. C. No. 10261 of 1999 allowing the eviction petition filed by the respondent-landlord

(2.) THE respondent-landlord filed the petition under Section 21 (l) (h) of the Karnataka Rent Control Act ('repealed Act' for short), urging that he requires the petition premises in order to set up his son in the business of selling poultry. It was pleaded by the respondent that his sou for want of accommodation is without any avocation and he has the necessary funds to establish his son in business. The petition was resisted by the petitioner on the ground that the need pleaded is not genuine and that greater hardship would be caused to him if eviction is ordered The cotirt below on appreciating the rival claims found the need urged by the respondent to be real and genuine and accordingly allowed the petition for eviction. The order of eviction passed by it is impugned herein by the petitioner.

(3.) I have heard the learned Counsels for both sides.