SHIVANNA Vs. GANGAMMA

JUDGEMENT

(1.) In this Civil Revision Petition under S.50 of the Karnataka Rent Control Act by the tenant, the correctness and legality of order of eviction dated 31-1-1976 passed by the learned III Additional Civil Judge, Bangalore, in HRC.No. 177/1975 on his file is challenged.

(2.) The respondent-landlord instituted proceedings in the said HRC. No.177/1975 for eviction of the petitioner-tenant under Proviso (a) to sub- sec (1) of S.21 of the Karnataka Rent Control Act (hereinafter referred to as the 'Act') alleging that the petitioner was in arrears of rent and that he had failed and neglected to pay the same despite a notice, dated 17-4-1975 (Ext.P-1) having been served on him demanding the arrears. The petitioner resisted the claim for eviction contending, inter alia that he was not a tenant of the respondent respecting the premises concerned in the proceedings but his possession was that of a mortgagee having spent Rs.4,000 on rebuilding and improving the premises.

(3.) The learned Civil Judge before whom the parties tendered evidence in support of their respective cases, on an assessment and appreciation of the evidence on record, found that the relationship between the parties was that of landlord and tenant; that the tenant had committed default in the matter of payment of rent and granted an order for possession. The correctness of this order is challenged in this revision petition.