LAWS(KAR)-1985-4-7

TATANAGAR TRANSPORT CORPORATION Vs. DHARMAPAL

Decided On April 04, 1985
TATANAGAR TRANSPORT CORPORATION Appellant
V/S
DHARMAPAL Respondents

JUDGEMENT

(1.) In this revision petition under Section 56 (1) of the Karnataka Rent Control Act, 1961, (hereinafter referred to as the ('Act'), the tenant has challenged the legality and correctness of the order of the Trial Court whereby he has been directed to vacate and deliver possession of the premises in question to the landlord.

(2.) The brief facts necessary for the purpose of this case are as follows: The premises in question consists of a ground floor, 1st floor and the 2nd floor, situated at Siddaiah Road, Bangalore city. The tenant (respondent herein) is a partnership firm, admittedly carrying on transport business in the premises. The landlord sought for eviction of the tenant on the grounds under Section 21 (1) (h) and (p) of the Act. The rent of the premises is Rs. 900/- per month, the tenancy month being the calendar month.

(3.) The landlord's case is that he was earlier living in a rented house. In pursuance of an eviction order dated 19-2-1974 passed in H.R.C. No. 199/1968, he was forced to vacate the said rented premises and has since been accommodate in a friend's house. As such, he requires the premises in question for his bona fide use and occupation i.e., for the purpose of his residence as well as to commence his own business therein. The tenant resisted the landlord's claim mainly on the ground that the premises in question is a non-residential one, and the rent for which being more than Rs. 500/- per month, the jurisdiction of the Court to entertain the Petition is clearly barred by virtue of the provisions of Section 31 of the Act.