DINESH LAL Vs. MAJOR B N KAKDE

JUDGEMENT

(1.) After admitting this Revision Petition and hearing the Learned Counsel for the respondent who entered appearance I propose to dispose of the case finally.

(2.) The respondent sought eviction of the petitioner on the ground that he requires the premises in question bona - fide for his personal occupation. As he is a member of the Armed Forces he was rightly entitled to invoke the special provisions enacted for his benefit under Section 21B of the Karnataka Rent Control Act, 1961 (for short 'the Act'). It is on that basis that the case was disposed of by the Court below. The respondent produced the certificate which according to him satisfies the requirement of Section 21B of the Act and sought eviction of the petitioner the Court below accepting his plea has made an order of eviction.

(3.) In this Revision Petition, Sri Shivaprakash, Learned Counsel for the petitioner, firstly submitted that assuming that the certificate contemplated by Section 21B of the Act has been issued by the prescribed authority, the mere pro-duction of the same does not entitle the landlord to obtain an order of eviction. He submitted that the landlord who is a member of the Armed Forces and invokes the provisions of Section 21 B of the Act is further required to establish that the premises is 'bona fide' required by him occupafortion by himself or any member of his family.