RAMANNA Vs. ABDULLA

JUDGEMENT

(1.) This is a revision under Section 115 of the C.P.C. preferred by the landlord against the order of the District Judge. Mysore, dated 12-1-1982 made in HR. CRP. No. 47/1980. That revision was preferred by the legal representatives of the deceased tenant who suffered an order of eviction by the Munsiff, Mysore, made in HRC. No. 435/1976. That eviction Petition was presented by the landlord seeking possession of the residential portion of the schedule premises leased to the tenant on the sole ground that the same was required for his bone fide use and occupation, as he had no other house of his own and that he was not in a position to continue to live with his sister.

(2.) The tenant resisted the eviction Petition on the ground that the requirement made out by the landlord was not genuine ; not reasonable nor bona fids ; that the landlord was quitely residing with his sister and there was no cause for him to change his residence and in any event greater hardship would be caused to the tenant as he was running in the adjoining premises a hotel-restaurant and therefore the Petition may be rejected.

(3.) On the points formulated in regard to the bona fide requirement of the landlord and the comparative hardship the Learned Munsiff on the basis of the evidence adduced by the parties, came to the conclusion that the landlord deserved an order of eviction as he was without a house of his own and he had purchased the premises for his own bona fide use and occupation. On the question of comparative hardship also he found in favour of the landlord. On the tenants' revision before him, the District Judge has reversed the finding of the learned Munsiff essentially on two grounds : (1) That in the pleading the petitioner did not disclose the nature of ill-will between himself and his sister ; (2) That in the cross-examination, the petitioner-landlord had admitted that he had no ill-will towards his younger sister who had come to live with him.