MAHAVEER CHAND Vs. B.G. SATHYENDRANATH AND ORS.

JUDGEMENT

(1.) This revision petition is filed challenging the order of eviction dated 28.09.2015 passed by the court below in HRC No.16/2015.

(2.) Petitioner is the tenant. Respondents 1 & 2 instituted the eviction proceedings under Section 27(2)(h) & (r) of the Karnataka Rent Act, 1999, seeking eviction of the revision petitioner. It was contended by the landlords that they were the absolute owners of the property bearing No.4, Sunkalpet Main Road, Bengaluru 2, having succeeded to the same from their father late Gundaiah. They further contended that the schedule premises measured 10' x 10' and the same was let out to the father of the respondent one Riikab Chand by the father of the petitioners and after the death of Rikab Chand, respondent/revision petitioner continued as tenant under the petitioners on the monthly rent of Rs.500/-.

(3.) They urged that even the amount of Rs.500/- per month was not paid regularly. It was also contended that petitioners had three daughters i.e., 1st petitioner was having two daughters and 2nd petitioner was having one daughter and the elder daughter of the 1st petitioner was married and was living separately with her husband and the 2nd daughter was residing along with the petitioners; that the 2nd petitioner's daughter was also married and was living separately with her husband. They contended that in the residential premises situated behind the schedule premises, although petitioners along with their respective wives were residing because the said premises was insufficient for them, they decided to utilize the schedule premises as a room. Thus, they sought for eviction of the revision petitioner. Petitioners also filed a separate affidavit narrating their requirement for personal use of the schedule premises.