V. S. NARAYANA SETTY Vs. R. SHANTHAMMA

JUDGEMENT

(1.) THIS Revision Petition by the tenant is instituted against the order dated 22nd January, 1981 made by the III Additional Small Cause Judge, Bangalore City in HRC. No. 76/1980 on his file awarding possession of the suit premises under Clause (p) of the proviso to Section 21(1) of Karnataka Rent Control Act, 1961 in favour of the landlord.

(2.) THE landlord inter alia stated that the tenant had built a house which was suited for his residence in Jayanagar at the door No. 44, First Block East Jayanagar and on that ground he sought possession of the suit premises. The tenant resisted the request by submitting that though he had built a house it was more or less in the nature of an out house and not suited for his residence as his family consists of large number of members.

(3.) THE learned Counsel appearing for the revision petitioner gave an application before this Court under Order 41 Rule 27 read with Section 151 of the Civil Procedure Code, to ambit evidence of subsequent events namely that the tenant had sold the newly constructed building by him on 5.4.1982 and as such he was not in possession of the same.