CHOKADI VENKATARAMAN Vs. KASHIM SAHEB

JUDGEMENT

(1.) This is a tenant's revision petition under Section 115 of the Civil Procedure Code, which is directed against the order dated 3rd July 1978 passed by the II Addl. District Judge, Belgaum, in H.R.C.R.P. No. 37 of 1976 whereby the landlord's eviction petition has been allowed. For the sake of convenience the parties will be referred herein according to their status as landlord or tenant.

(2.) The petitioner herein is the tenant under the respon-dent in respect of a non-residential premises situated at Belgaum. The landlord (respondent herein) sought for eviction of the tenant on the ground under Section 21(l)(h) of the Karnataka Rent Control Act, 1961 (hereinafter referred to as the 'Act'). The case of the landlord is that he has no occupation. That he has three grown up sons who are also unemployed and for whom some employment has to be provided. Therefore, he requires the premises in question for his bona fide use and occupation for the purpose of commencing the business of boarding and lodging therein to provide avocation for himself and his sons and for his residence in a portion thereof.

(3.) The tenant disputed the landlord's claim for possession of the premises on the alleged ground as not being bona fide and reasonable. It is averred that the landlord and his sons have no experience in such business. He has further stated that the landlord owns several buildings in Belgaum besides the suit premises where he can reside and run his business. He has attributed oblique motives to the land-lord in filing the petition. He claims to have spent consider-able amounts for the improvement of the premises and established his business in the course of years ; that he has no other non-residential premises of his own and cannot get a suitable alternate accommodation to run his business, and hence, he will be put to greater hardship in the event of his eviction from the premises.