DATTATRAYA Vs. SRINIVASA BHAT THAMMANNA

JUDGEMENT

(1.) This is a landlord's Revision Petition under Section 115 of the C.P.C.

(2.) The landlord sought for eviction of the tenants from the non-residential premises in question on the ground under Section 21(l)(h) of the Act. On an appreciation of the evidence the Trial Court allowed the landlord's claim and ordered eviction of the tenant. Being aggrieved by the said order of eviction the Respondents herein, who are stated to be the tenant and subtenant respectively, challenged the same by filing separate Revision Petitions under Section 50 of the Act before the District Court, Dharwad. The Learned District Judge while concurring with the findings of the Trial Court on the question of bona fides and reasonableness of the landlord's requirement of the premises on the grounds under Section 21(l)(h) of the Act, dismissed the eviction Petition on the ground that the relationship of landlord and tenant between the parties has not been established.

(3.) The admitted and established facts in the case are that the property in question originally belonged to one Arvind and Nirmalabai, who mortgaged the same in favour of one Laxminarayanabhat for a sum of Rs. 10,000/- by a registered deed of mortgage dated 26th May 1950. Subsequently the said mortgagee assigned .his interest in the mortgage in favour of respondent-1 Srinivasa Bhat by a registered document dated 23rd September 1954. Thereafter it was re-assigned by respondent-1 in favour of one Smt. Nazimunnisa Savanur under a registered deed dated 24th February 1964. However, respondent-1 - assignor obtained a lease of the premises in his favour under lease deed Ex.P.5 on a monthly rent of Rs. 100/-. Subsequently under two registered sale deeds dated 10th December 1973 and 8th February 1974, the petitioner herein purchased the said property from the original owners Arvind and Nirmalabai. He also discharged the mortgage liability and redeemed the mortgage from Smt. Nazimunnisa under the document dated 8th February 1974.