AMINABI AND ANOTHER Vs. RAMACHANDRAPPA BASAVANNEPPA ILAGAR

JUDGEMENT

(1.) These two revision petitions are disposed of by the following order as they arise out of the common order passed by the District Judge, Dharwar, in CRPs. No. 261 and 276/1981 on his file. The order under revision is dated 22.11.1982.

(2.) The brief facts leading to these revision petitions may be stated as follows: The petition premises is a non-residential premises. The landlord issued notice to the tenant (respondent herein) to pay all the arrears of rent and also quit and deliver vacant possession of the premises in view of the termination of the tenancy effected by that notice by a particular date. The tenant neither paid the arrears of rent nor did he vacate the premises. Therefore, the landlord presented the petition under Sec. 21(1)(a),(j) and (h) of the Karnataka Rent Control Act, 1961, (hereinafter referred to as the Act) seeking eviction of the tenant on the ground:-

(3.) The tenant resisted the eviction petition on the ground that there was a dispute as to what the arrears of rent was ; that the premises did not require demolition and reconstruction; that the landlord requiring the premises for her own occupation was not a genuine requirement. It was only with the intention to harass the tenant by collecting higher rent.