B S DESHPANDE Vs. M R MATHAD

JUDGEMENT

(1.) this revision is directed against the order dated 31-1-1990 passed in house rent case No. 28 of 1989 by the iii additional district judge, belgaum, confirming the judgment and order passed by the additional munsiff, belgaum in house rent case No. 347 of 1986, dated 16-12-1988. The ranks of the parties shall be followed as in the lower court while narrating the facts of the case. The petitioner was the respondent and the respondent was the tenant in house rent case No. 347 of 1986.

(2.) the landlord is the owner of the petition premises bearingcts No. 576/a-1 situated at math galli, belgaum. It was leased out to the tenant on the monthly rent of Rs. 80/-. The landlord was working as registrar, Karnataka sangeetha nruthya academy (department of kannada and culture, government of karnataka). He retired from services on 31-1-1982. The certificate dated 4-9-1986 was issued by the registrar, Karnataka sangeetha nruthya academy, Bangalore to show that he retired from the post he held. He does not possess any other suitable premises in the local area of belgaum. He required this premises for his occupation. He has got his relatives and well-wishers at belgaum. He was also educated at belgaum. Since he likes belgaum very much, and since he has got relatives and well-wishers, he decided to settle down at belgaum. The first floor of the said building is in occupation of the tenant. The first floor is not convenient and comfortable for the landlord and the members of his family to use it as residence. Now the petition premises is required reasonably and bona fide for occupation by himself and for the members of his family.

(3.) this petition was resisted by the tenant while admitting the relationship of landlord and tenant and monthly rent of Rs. 80/-. But the reasonable and bona fide requirement of the landlord is denied. It is also denied that all his relatives and well-wishers are at belgaum and that he likes belgaum very much. It is also stated that the tenant was himself occupying the first floor and the ground floor was given, on rent for godown. There were no basic amenities. The landlord requested the tenant to vacate the first floor and move to the ground floor as he wanted to accommodate the members of his family including his sister, as such the tenant obliged. The first floor is spacious and very comfortable. The landlord can stay in the first floor itself.