JAINAULLALBIN SAHEB Vs. DHANYAKUMARAIYA

JUDGEMENT

(1.) This is a tenant's petition under Section 115 C.P.C. It is directed against the order of the District Judge, Hassan dated 17th February 1983 made in H.R.C. No. 41/1982 on bis file.

(2.) The respondent-landlord sought eviction of the tenant In respect of the petition non-residential premises on the sole ground that the same was required for Ms own bona fide use and occupation. The landlord pleaded that he was a general merchant some three years before and bad since taken to transport business of goods and things which he was carrying on from the old premises in the market area as a lessee of the Municipality. He further averred that those premises were not suitable for carrying on transport business. He also assorted that the petition schedule premises was more suitable for such business.

(3.) The tenant resisted on the ground that the requirement was not bona fide, that the petitioner-landlord was already in possession of the premises where he was carrying on his general merchandise activities and therefore, it is only with the object of claiming more rent that he has initiated the proceedings. On such pleadings the matter went up before the Munsiff for trial. On appreciating the evidence placed before him, the Munsiff came to the conclusion that the requirement was not bona fide and dismissed the eviction petition. Thereupon the landlord preferred the revision to the District Judge under Sub section (2) to Section 50 of the Karnataka Rent Control Act (for short 'the Act'). The District Judge found that the Munsiff had mis-directed himself in appreciating the evidence on record and reversed the finding accepting the case put forward by the landlord. In the result, he allowed the eviction petition and directed the eviction of the tenant.