LAWS(KAR)-2005-9-112

SMT. LAKSHAMMA Vs. B.P. THIRUMALA SETTY

Decided On September 19, 2005
SMT. LAKSHAMMA Appellant
V/S
B.P. THIRUMALA SETTY Respondents

JUDGEMENT

(1.) The petitioner in HRRP 454/02 & 455/02 is none other than the tenant under the respondent landlord at premises No. 609, V. Main, (Sanchi Honnamma Road), Pipe Line, Srinagar, Banashankari I Stage, I Block, Bangalore-50. The entire premises consists of two non-residential and one residential portions. The petitioner is a tenant in respect of a non- residential premises taken on lease for the purpose of conducting tuition. The brief facts that led to filing of these revision petitions are as under :

(2.) The respondent-landlord has instituted HRC Petition 10115/00 under Sec. 21(1)(a) & (h) of the Karnataka Rent Control Act i.e. on the ground of tenant being a chronic defaulter and also for bonafide and reasonable occupation on the ground that his brother is no more and he has to provide accommodation to the wife and children of his brother. In the adjacent portion itself, the petitioner is living along with his wife. Earlier, HRC 437/94 was instituted against the very tenant wherein an application under Sec. 29 of the Rent Control Act came to be filed. An order came to be passed directing the tenant to pay the arrears of rent. However, eviction petition came to be dismissed on 1-8-1998. The said petition was filed on the ground of requirement of the brother of the landlord. The present petition (premises ?), according to the landlord, is required for the family of the brother who is no more. He intends to have the family of his brother near by him so that he would be able to look after them. The landlord is the only elder member in the family. In the present eviction petition, the rents are claimed from 1-7-1998 onwards.

(3.) According to the tenant, the present petition is nothing but an harassment in order to achieve the vindictive motive of the landlord to evict the petitioner herein on some ground or the other.