NOORERA PAPU Vs. MACHIMADA KUSHALAPPA

JUDGEMENT

(1.) This civil revision petition under Sec. 115 of the Code of Civil Procedure, is preferred against the order dated 17th August, 1983, passed by the District Judge, Kodagu, Madikeri, in H.R.C.R.P.No. 21/81, confirming the order of eviction passed under Sec. 21(l)(a) and (j) of theKarnataka Rent Control Act, (hereinafter-referred to as the 'Act') by the Principal Munsiff, Virajpet, in H.R.C.No. 27 of the 1978.

(2.) Respondents 1 to 4 were the landlords of the premises in question. Petitioner was the tenant. The monthly rent of the premises was Rs. 35/-. As the petitioner had fallen in arrears of rent, the respondents sent a notice dated 29.3.1978 by a registered post. The same was not received by the petitioner-tenant. After refusal of the notice sent by registered post, the respondents got the notice affixed on the outer door of the premises in question on 2.4.1978 and filed the petition for eviction under Sec. 21(l)(a) and (j) of the Act, on 28.8.1978 in the Court of the Munsiff, Virajpet.

(3.) The petitioner contested the proceeding. On the basis of the evidence adduced in the case, the learned Munsiff came to the conclusion that as the petitioner refused to receive the notice, it must be deemed to have been served upon him; that he was in arrears of rent and that the premises was reasonably and bonafide required by the respondents for the immediate purpose of demolition and reconstruction of a new building in place of the existing one. Accordingly, passed an order of eviction under Section 21(l)(a) and (j) of the Act.