ISHWARAPPA Vs. M A MANIYAR AND SONS

JUDGEMENT

(1.) This is a building owner's writ petition against the judgment of the II Addl Dist Judge, Dharwar, dismissing the petitioner's application for eviction from the petition premises. The petitioners instituted the petiton for eviction before the Munsiff, Hubli, in HRC.165 of 1970. The learned Munsiff, ordered eviction of the respondents from the suit premises. The respondents filed HRC appeal before the Dist Judge, Dharwar, and the learned Dist Judge allowed the appeal and reversed the finding of the Munsiff, Hubli.

(2.) Mr. K.A.Swami, learned Advocate for the petitioners contended that the learned Dist Judge- is in error in reaching the conclusion that the bona fide and reasonable requirement of one of the co-owners is not the requirement of all the co-owners and, therefore, the impugned order is liable to be quashed. He relied upon the decision of the Supreme Court in Sri Ram Pashich v. Jagannath,. AIR. 1976 SC. 2335, On the other hand, Mr.V.Tarakaram, learned Counsel for the respondents contended that the learned Dist Judge has not considered the above question along with the evidence on record and, therefore, he submitted that this question may be left open and the matter may be remitted to the appellate Court for disposal in accordance with law after considering the case on merits.

(3.) There is no force in the contention raised on behalf of the respondents. In the above cited decision, the Supreme Court has observed thus: "We are of opinion that a co-owner is as much an owner of the entire property as any sole owner of a property is." That was a case in which one of the co-owners had filed an application for eviction and after considering the position of law, the Supreme Court has laid down as stated above. Therefore, the finding of the learned Dist-Judge that the requirement of one of the co-owners is not the requirement of all the owners is contrary to the decision of the Supreme Court and it cannot be sustained. Therefore, it has to be held that one of the co-owners can maintain an eviction petition if he satisfactorily proves his reasonable and bona fide requirement. The finding of the Dist Judge on this point is set aside.