SHEENA NAIK Vs. LAWRENCE DSOUZA

JUDGEMENT

(1.) This Revision Petition is by the tenan who is aggrieved by an order dated 15th day of January 1981 made by the District Judge, Dakshina Kannada, at Mangalore, in Civil Revision Petition No. 135/1979 on his file, allowing the Revision Petition of the landlold for eviction of the tenants from the suit premises.

(2.) The landlord instituted a petition for eviction of the tenant from the suit premsse before the second Additional Munsiff, Mangalore in HRC No. 212/1 976, on his file. He sought eviction of the tenant under Clauses (a) and (h) of the Proviso to Section 21 (I) of Karnataka Rent Control Act. 1961 He averred that the respondent in the petition was a tenant under him on a monthly rental of Rs. 151- and it was formerly used by him as a bathroom before he leased the room in favour of the tenant. His family in the meanwhile had enlarged and his daughters had come of age. Therefore, he required a separate bathroom inside the house and it was for that purpose that he sought for eviction of the tenant from the suit premises.

(3.) The tenant resisted the petition on the ground that the landlord's real intention was to enhance the rent. He was a tenant under him on a monthly rental of Rs. 51- whereas the landlord was insisting upon him to pay the enhanced rate rent of Rs. 15/-p.m.'since he refused to pay the enhanced rate of rent, the landlord instituted the petition for his eviction and that way the tenant submitted that there were no bona fides on the part of the landlord and his request was not reasonable.