RAGHAVENDRA Vs. MARATHA CO OP CREDIT BANK LTD

JUDGEMENT

(1.) This is a tenant's revision petition, under S.50 of the Karnataka Rent Control Act, 1961 (shortly called 'the Act').

(2.) The respondent is a Banking Institution, hereinafter called 'the landlord' On 11-9-1967, the landlord purchased a building inclusive of Block No 2 a portion of which is being occupied by the petitioner as a, tenant. After determining the tenancy of the petitioner, action for his eviction was brought on the ground that the landlord requires the premises for its business purpose, and also for the immediate purpose of demolition and erecting a new building. The action was thus brought under S.21(1) (h), and (j) of the Act. The tenant denied the alleged need of the landlord. The learned Munsiff who tried the case, however, upheld the plea of the landlord and made a decree for eviction. The said decree has been affirmed by the learned: District Judge in the appeal of the tenant.

(3.) Mr Savanur learned Counsel for the petitioner urged three contentions. Firstly, he urged that S.11 of the Act is a bar to the maintainability of the application -for eviction. In order to appreciate the contention, it is necessary to set out Section 11. It reads :