SHANAZ BEGUM Vs. REHANA BEGUM

JUDGEMENT

(1.) both counsel present. Heard. Admitted.

(2.) in this revision petition filed by the revision-petitioners-tenants the order passed by the learned additional small cause judge on 29-9-1995 in hrc No. 3398 of 1982 rejecting the la. No. 19 filed by the revision-petitioners-tenants under order 6, Rule 17 CPC, has been challenged.

(3.) the facts which are necessary to note are: the landlady filed eviction petition against the tenant (since deceased by lrs) under Section 21(l)(h) of the Karnataka Rent Control Act. This petition came to be dismissed by the learned small causes judge. Thereupon, the landlady filed a revision petition crp No. 448 of 1989 before this court. This court allowed the revision petition in part and set aside the order of the lower court dismissing the eviction petition. This court held that the claim of the landlady was bona fide and reasonable and that the hardship that the tenant would suffer in case eviction is granted would not be greater than the hardship that the petitioner-landlady would be put to if her eviction petition was rejected. After allowing the petitioner as stated herein this court remanded the matter as follows: