ULLAL RAGHUVIR RAO Vs. SAVITHRI BAI

JUDGEMENT

(1.) This is a tenant's revision Petition under Section 115 of the Code of Civil Procedure. He has suffered an order of eviction by the Munsiff, Mangalore, in H.R.C. No. 210 of 1977. Eviction was sought by the respondents in these proceedings on the ground that the tenant was in arrears of rent and despite a written demand served on him, he failed to pay the same within two months and further that the premises in the occupation of the tenant was required for the bona fide use and occupation of the respondents or atleast two of them.

(2.) Tenant resisted the Petition and had alleged that it was motivated by some ill-will the landlords had towards him on account of non-co-operation with the landlords evading to pay the income tax. That he had tendered the rent for November 1976 by Money Order which was rejected and therefore he did not further tender the amount despite receipt of notice in February 1977. He also stated that the requirement of one of the sons-in-law of the 1st petitioner would not constitute the requirement of his family.

(3.) On the evidence lead in support of the pleadings, which I have stated in the barest minimum, the Courts below came to the conclusion that the bona fide requirement was established on the evidence lead for the land-lords. What is required to be noticed in this regard is not question of whether one or more members of the family require the additional portion of the premises in the occupation of the tenant. But whether the premises which was available for occupation of the landlords was insufficient for their own occupation. The Learned District Judge on revision confirmed the findings of the Munsiff in regard to both the grounds that there was wilfull default or there was no sufficient cause shown by the tenant for non-payment of rents after written demand was made.