D K JAGANNATH Vs. LEELAVATHI

JUDGEMENT

(1.) THIS revision is filed under Section 46 (1) of the Karnataka Rent Act, 1999 being aggrieved by the order dated 4. 8. 2003 passed by the XII Addl. Small Causes Judge, Bangalore in HRC 1771/1997.

(2.) A petition was filed by the landlady under Section 27 (1) (a) and (h) of the Karnataka Rent control Act, 1961 and latter under the amended Act, 1999, the petition was maintained under section 27 (2) (a) (r ). The petition premises is non-residential on a monthly rental of Rs. 720/- and the respondent/tenant is running a printing press in the premises. Stating that since January 1996 the rent has not been paid and that the petitioner is having three sons and two daughters and two sons have been accommodated and that the third son intends to start a electrical motor rewinding business in the petition premises and at present he is working else where in West of Chord Road and as such, she has filed the eviction petition.

(3.) THE petition was contested by the tenant stating that there is alternate accommodation available to the landlady and the rate of rent is Rs. 400/- and not Rs. 720/ -. It was also contended that the rent was paid upto 17. 6. 1997 and the requirement of the petitioner is not there and further the petition premises is not for her requirement.