T VAMANA KINI Vs. U RAMACHANDRA PAI

JUDGEMENT

(1.) These petitions have been placed before this Bench for final disposal on an order of reference made by a learned single Judge of this Court on 31-1-1984.

(2.) The question of law that is the basis of this reference is, the effect of S.11 of the Karnataka Rent Control Act, 1961 (hereinafter referred to as the Act) on a proceeding instituted by a landlord of a premises under Cl.(h) of the proviso to S.21(1) of the Act, seeking for eviction of a tenant residing in the said premises, making out a case that the landlord reasonably and bona fide required the premises for occupation by himself for the purpose of using the same as non-residential premises.

(3.) These two revision petitions have arisen out of the common order dt. 10-10-1977 passed by the District Judge, Dakshina Kannada, Mangalore, in C. R. Ps. Nos. 79 and 76 of 1977 respectively. The petitioners herein were the petitioners before the District Judge. They had filed the said revision petitions against the orders dt. 30-6-1977 passed by the Principal Munsiff, Udupi, in HRC No. 24 of 1974 and HRC No. 5 of 1972 respectively.