J.S. RAMKUMAR Vs. RAJA SHIVRAMAIAH SETTY

JUDGEMENT

(1.) Respondent herein is the owner of the premises in question, of which the petitioner herein is the tenant. The owner is a Dharmashala Trust, a non-profit making organisation meant to cater to the needs of the poor people of different communities. Thus, the owner, in order to expand the utility of the Choultry for ensuring enhanced income to it from the Choultry, issued notice to its tenants including the petitioner herein as required under the Transfer of Property Act, 1882, for vacating the premises. Despite service of notice, the petitioner did not vacate the premises. It is relevant to note that all the other tenants have already vacated the premises, in order to enable the respondent herein to expand the utilisation of Choultry and in order to see that the respondent gets higher income. It is also relevant to note that as the respondent is a charitable institution, the provisions of Karnataka Rent Act, 1999 are not applicable. Petitioner herein is occupying a shop having 242 feet of plinth area as a tenant. According to him, he is paying monthly rent of Rs. 3,000/- and he is running a grocery shop. He has occupied the premises since more than two decades and since it is his only avocation. He has opposed the small cause suit for ejectment.

(2.) Undisputedly, the notice of eviction was issued as per law. Since the respondent is the owner of the premises and as it needs the premises in question for its use and occupation in order to see that the premises in question is better utilised for the purpose of fulfilling the object for which the trust is created, filed the suit for ejectment. The main premises is used as Kalyana Mantapa which has got a row of shops. The owner-respondent herein wants to demolish the row of shops in order to provide parking facility to the persons who come and use Kalyana Mantapa. Since Bangalore City has grown many folds since 20 years, it is but natural for the Trust to modify the said Kalyana Mantapa in accordance with modern needs. The trust also substantiates that to run the Kalyana Mantapa, enough parking facility and hygienic kitchen, etc., are the essential requirements.