HAJI ABDUL GHANISAHEB Vs. RAJAN SHARMA

JUDGEMENT

(1.) In this revision filed under Section 50 of the Karnataka Rent Control Act, 1961 (the Act), the legality and correctness of the order of eviction dated 17-6-1983 passed by the Small Cause Judge, Civil Station Bangalore, in HRC. No. 8058 of 1980, on his file, is sought to be challenged.

(2.) A shop premises with a room on rearside bearing No. 434 situated in Old Poor House Road, now known as Jumma Masjid Street in Civil Station, Bangalore, more particularly described in the plan annexed with the original petition made for eviction, is the subject matter of dispute. A few facts giving rise to the revision, which are not much in dispute, are as follows :

(3.) The shop bearing No. 434 and the adjoining shop bearing No. 435 originally belonged to one R. Krishnaswamy of Bombay. They were leased together as a single unit to the petitioner-No. 1, who has been carrying on his business in readymade garments in the name and style as Haji Lalmiyan Saheb & Sons. It being a registered partnership firm, the petitioner-3 Mr. L. Mohamed Fazlur Rahaman and Respondent-2 Mr. Mohamed Ali are partners with him in the business. While repondent-landlord Mr. S. Rajan Sharma and his mother Smt. Chandrakantha purchased the shop bearing No. 434 along with the room and rear portion of the building, under the registerd sale deed dated 24-9-1976 (Ex. P-1), respondent-1's younger brother Mr. Shivarama Sharma and mother Smt. Chandrakantha purchased shop bearing No. 435 under a separate sale deed. Rajan Sharma and his brother Shivaram Sharma being members of joint family are residing with their parents. Shivaram Sharma being minor, it would appear the 1st respondent Rajan Sharma himself collected rents of both the premises upto the end of August, 1979 the monthly rent being Rs. 170/-. After Shivaram Sharma attained majority, by a notice dated 10-7-79 (Ex. P.27) respondent Rajan Sharma called upon the petitioner to pay the rent of the premises separately on the ground that the rents had to be accounted separately. Accordingly, it would appear the rent payable for the two shops bearing Nos 434 and 435, which were leased as a single unit, were split up and having apportioned the rent equally the petitioner started paying rent of Rs. 85/-, to the respondent Rajan Sharma, in respect of the premises in question and Rs. 85/- to Shivarama Sharma in respect of the permises bearing No. 435. Later on, the mother Smt. Chandrakantha also executed a registered release deed dated 14-1-1980 marked as Ex. P-2, relinquishing her interest in the shop premises bearing No. 434, in favour of S. Rajan Sharma, the respondent herein.