RAMACHANDRA BHAT Vs. RAO TALITHAYA

JUDGEMENT

(1.) This Civil Revision Petition is filed under Section 115 of the Code of Civil Procedure, against the order dated 1st January; 1985 passed by the learned District Judge, Dakshina Kannads, Mangalore, in Civil Revision Petition No. 148/81 affirming the order dated 23-6 1983 passed by the I Additional Munsiff, Managlore, in HRC No. 92/79 directing eviction under Section 21(1)(a) of the Karnataka Rent Control Act (hereinafter referred to as the "Act").

(2.) The eviction petition was filed on two grounds falling under Section 21(1)(a) and (j) of the Act. Both the Courts have concurrently held that the respondent-landlord has failed to make oat a case that the premises are reasonably and bona fide required for the immediate purpose of demolishing them and such demolition is to be made for the purpose of erecting a new building its place of the premises sought to be demolished.

(3.) Though Sri U. L. Narayana Rao, learned Counsel for the respondent contends that no revision Petition was preferred against the order refusing eviction under Section 21(1)(j) of the Act ; never the less, it is open to the respondent to support the order of eviction passed under Section 21 (1) (a) of the Act, on the ground failing under Section. 21 (1) (j) of the Act.