NARAYANA GANGASA BHURE Vs. RAMACHANDRA AMBASA KALBURGI

JUDGEMENT

(1.) In this Civil Revision Petition under S.50 of the Karnataka Rent Control Act, 1961 (herein-after referred to as the 'Act'), the petitionertenant questions the correctness and legality of the judgement and decree dated 11-2-1975 in H.R.C.A. No.75 of 1973 on the file of the II Additional District Judge, Dharwar, affirming the order of eviction dated 11-12-1972 passed in Misc.No.280 of 1965 on the file of the I Additional Munsiff, Hubli.

(2.) Respondent-landlord sought the eviction of petitioner from a shop premises forming part of C.T.S.No.1018/B situate in Ward No.3, Hubli, on the ground that respondent needed the premises bona fide and reasonably for the expansion of the business in the sales and repairs of radios etc., which he has been carrying on in an adjacent shop in the same building. There was yet another ground for eviction under clause (a) of the proviso to sub-section(1) of S.21 of the Act, which however, does not survive for consideration.

(3.) The proceedings were resisted by the petitioner-tenant, inter alia, contending that the alleged need of the landlord was neither bona fide nor reasonable; but was actuated by oblique motives, and that at all events, greater hardship would be caused by passing an order of eviction than what would ensue if eviction was denied.