JAINABHI JANABI AHMEDSHAW Vs. KRISHNA SUBBANNA BHAT

JUDGEMENT

(1.) This is the tenants revision petition under Sec.115 of the Code of Civil Procedure against the judgment dated 10th October 1980 in H.R.C. (Revision) No. 18 of 1978 passed by the District Judge, Uttara Kannada, Karwar.

(2.) The landlord sought for eviction of the tenants on the grounds under Sec. 21(1)(a)(b)(f) and (o) of the Karnataka Rent Control Act, 1961 (hereinafter referred to as the Act). Upon consideration of the material on record the trial Court i.e., the Principal Munsiff, Sirsi, dismissed the petition by his order dated 17th Aug. 1978 in H.R.C. No. 14 of 1962. Aggrieved by the said order of dismissal the landlord preferred a revision under Sec. 50 of the Act to the District Judge, Uttara Kannada, Karwar, who set aside the decision of the trial Court and allowed the eviction petition under clauses (b) and (f) Sec. 21(1) of the Act and ordered eviction of the tenants, viz., the petitioners herein.

(3.) The facts of the case in so far as they are relevant for the present purpose are that the petition premises was leased on mulgeni basis to the father of the petitioners as far back as on 1st December 1939; that at the inception of the lease the premises was a vacant site and according to the terms of the lease the petitioners were to pay the stipulated rent and to put up construction on the site and use the same for their purposes.