D BGODSE AND Vs. K SRAMACHANDRA IYER

JUDGEMENT

(1.) This is a Revision Petition preferred by the petitioners (owners) against the order of the First Additional District Judge, Bangalore, in H.R.C. Appeal No. 37/54, reversing that of the learned First Munsiff and House Rent Controller, Bangalore, in H. R. C. No. 733/53, directing the eviction of the Respondent from the schedule premises.

(2.) The facts that have given rise to this petition are briefly as under:

(3.) Petitioners 1 and 2 are husband and wife respectively and they are owners of a house bearing Municipal No. 15, situated in Kalappa Block in Basavangudi, Bangalore. The house consists of two portions--one ground floor and another upstairs. The respondent-defendant is a tenant in the downstairs and the petitioners are in occupation of the upstairs. The petitioners applied under Section 8(2)(vi) of the Mysore House Rent and Accommodation Control Act, 1951 to the First Munsiff and House Rent and Accommodation Controller for eviction of the respondent on the ground that the space in the upstairs was not sufficient for the growing needs of their family, that as a result of want of accommodation they arc put to much hardship, that the 1st petitioner's aged mother, widowed sister, brothers and their children, who have to stay with the petitioners, have been compelled to stay elsewhere on account of shortage of accommodation, that therefore the gronndfloor also is needed for their bona fide use, that the 2nd petitioner is a woman of poor health and of delicate condition, that any disturbance in the downstairs impairs her mental peace and bodily condition, that in spite of repeated requests, the respondent has failed to vacate the premises and that his eviction should be ordered.