AKBERALI SONS ESTATE Vs. PEN SHOPS

JUDGEMENT

(1.) These three revision applications have been filed by the land lord against a common order passed in three eviction proceedings brought by them against three tenants occupying different portions of the petition premises (also hereinafter called 'the building'), under Section 21(1)(h) of the Karnataka Rent Control Act, 1961 ('the Act', for short). The grounds of eviction as pleaded by the landlord being common in all the three proceedings being based on personal necessity coupled with requirement of demolition and reconstruction for self-occupation, these eviction proceedings have been disposed of by the Small Causes Court by a common impugned order by holding a common trial.

(2.) The building according to the evidence on record is now about 80 years old and the rear portion of the same is in a dilapidated condition. Even according to R.W. 5, a Consulting Engineer, who had deposed in 1983, the building could withstand for another twenty years. Therefore, now the building can sustain hardly for 8 years. It is earning a total rent of Rs. 410/- per month-Rs. 100/- p.m. from the first two tenants and Rs. 210A p.m. from the third. P.W. 5, a Consulting Civil Engineer of the landlords, has stated that because of the nature of construction the entire area available in the building cannot be put to its maximum utility. According to him, even alterations in the existing building cannot be any help. Admittedly the building is situated in the heart of the Bangalore City having great potentiality of being utilised for commercial and residential purposes, if after demolition of the old structure a new building is constructed in a planned manner.

(3.) The three partners of the petitioner firm, namely Saifuddin(P.W. 1), Abbas Bhai (P.W. 2) and Ali Hussain (P.W. 3), had acquired this property as co-owners each having one-third share pursuant to a Deed of Settlement dated 24-3-1975 (Exhibit P-7J under the name and style 'M/s. Akberali Sons Estates'. The object of constituting a firm as disclosed in Exhibit P-3 is as under: