RADHA KRISHNAN Vs. THAYAPPA SETTY

JUDGEMENT

(1.) The application filed by the landlord for eviction of his tenant under Section 21(l)(h) of the Karnataka Rent Control Act ('the Act' for short) has been allowed by the Court below. The validity of the order of eviction has been challenged by the tenant in this Revision Petition.

(2.) Thayappa Setty has got three sons, namely, Ramaiah Setty, Narasimha Setty and Panduranga Setty, besides a widowed daughter. Thayappa Setty owns a building at Narayana Pillai Street, Civil Station, Bangalore. The ground-floor of the building is under the occupation of Thayappa Setty along with his son Ramaiah Setty. The first floor is under the occupation of Narasimha Setty along with his widowed sister. One room in the first floor has been kept vacant and is in the possession of Panduranga Setty. There is an out-house connected with the main building and that out-house is under the occupation of the tenant. Thayappa Setty brought an action for eviction of the tenant on the ground that he needs that out-house for the benefit of his third son Panduranga Setty, who has no house of his own. It is said that Panduranga Setty lives at Jayanagar in a premises taken on mortgage.

(3.) There is no evidence that the entire family of Thayappa Setty lives under one roof with common mess. Thayappa Setty being the father, however, wants to see that every one of his sons is accommodated in an independent premises. That is why he seeks eviction of the out-house occupied by the tenant for the use of his third son Panduranga Setty. The question is whether such a need falls under Section 21(1)(h)of the Act.