U T SAYYAWE Vs. C H ABOOBAKAR

JUDGEMENT

(1.) This is a petition filed under S. 50 of the Karnataka Rent Control Act, 1961 (hereinafter referred to as the Act). The petitioners are the landlords of the schedule premises, which is a building bearing D.No.20-458, Bunder Locality, Mangalore Town. The schedule premises and the premises bearing D.Nos.20-463, 20-464 and 20-465 are adjacent to each other. It is undisputed that there is vacant space behind the schedule premises and abutting that vacant space, a house belonging to the petitioners, is situated.

(2.) Originally the schedule premises and the adjoining premises bearing D.Nos. 20-463, 20-464 and 20-465 belonged to one Mythili. The respondent had become a tenant under Mythili by executing a rent bond on 14-10-1963(Ext.P3), the period of tenancy being reserved for eleven months. Mythili sold the properties to the petitioners on 11-9-1967. On the very day Mythili and one of the petitioners issued a joint notice as per Ext.Dl to the respondent intimating him about the transaction of sale and calling upon him to pay the future rents including the rent for the month of Sepr, 1967 to the petitioners. On 31-3-1968 the respondent sent money order for a sum of Rs.300 to the petitioners, but the money order was returned being refused. On 15-4-1968 the petitioners issued quit notice as per Ext.P4 terminating the tenancy of the respondent and calling upon him to hand over vacant possession of the schedule premises to the petitioners, as they reasonably and bonafide required the possession of the schedule premises, because their business had increased and also on the ground that the respondent had failed to pay the rent that had accrued from the month of September 1967.

(3.) Ultimately the petitioners filed HRC.172 of 1968 in the Court of of Munsiff, Mangalore, Soutn Kanara, on 30-7-1968.