BHEEM SINGH Vs. HEMAVATHI

JUDGEMENT

(1.) This Civil Revision Petition under Section 50 of the Karnataka Rent Control Act, 1961 (hereinafter referred to as the 'Act') is preferred against the order dated 24-7-1985 passed by the Learned 12th Additional Small Cause Judge, Bangalore, in H. R.C. No. 2196 of 1982.

(2.) The respondent-landlady filed a Petition for eviction of the petitioner from the schedule premises on the grounds falling under Section 21(a)(h) and (p) of the Act. The case of the respondent-landlady was that she had no income except Rs. 300/- per month which she was getting by way of rent; that the same was not sufficient to meet the expenses of the family ; that in order to maintain the family it was necessary to augment the income of the family ; therefore, she intended to carry on business of grinding and also selling vegetables in the schedule premises ; that the petitioner-tenant was in arrears of rent and he was a defaulter ; that he had acquired alternative suitable accommodation. The petitioner-tenant disputed the case pleaded by the respondent-landlady.

(3.) On the basis of the evidence on record, the Trial Court has come to the conclusion that no case is made out under Section 21(1)(a) of the Act ; that the respondent-landlady has established that she bona fide and reasonably requires the premises for running the business ; that greater hardship would be caused to her if no order of eviction is passed ; that the petitioner has acquired alternative suitable premises. Accordingly, the Trial Court has passed an order of eviction under Section 21(1)(h) and (p) of the Act.