RAMANNA RANGAPPA Vs. SMT. RAJAMMANNI

JUDGEMENT

(1.) The tenant of a shop premises governed by the Karnataka Rent Act, 1999 (for short 'the Act') has filed this petition. The landlady of the shop premises i.e., the respondent herein, filed the petition, under Sec. 27(2)(b)(j) and (r) of the Act, to direct the petitioner to pay arrears of rent of Rs. 12,400.00, for the period from June, 2005 to December, 2007 and also quit and deliver vacant possession of the petition schedule shop premises. Eviction was sought on the ground, that her son is a dealer in cement and construction materials and carries on business in a rented premises on Bull Temple Road and O.S.No.7224/2007 having been filed by the landlord thereof, he has to vacate, and as the petition schedule shop premises located in a cross road is convenient for his business.

(2.) The tenant filed statement of objections and contested the case. Son of the owner of the premises, for whose benefit the eviction of tenant was sought and in whose favour a deed of general power of attorney was executed by the landlady, deposed as PW 1 and marked Exs.P1 to P9. The tenant got himself examined as RW1. The Court Commissioner appointed to conduct local inspection has deposed as CW1 and during his examination, Exs.C 1 to C9 have been marked.

(3.) By consideration of the pleadings, the evidence and the arguments of learned advocates, following points were raised for consideration by the Court below: