V VENKATESH PILLE Vs. PADMAVATHR

JUDGEMENT

(1.) Though this matter is listed for orders today, by consent of advocates, it is taken up for final disposal.

(2.) This is a tenant's petition challenging the order dated 19-1-1985, passed by the Additional Small Causes Judge, Bangalore, in HRC No. 2926 of 1983. The respondent is the land owner. She initiated eviction proceedings under Section 21 (1) (h) of the Karnataka Rent Control Act. The family of the respondent consists of herself and four daughters. Two daughters are married. One of the married daughters is staying at Madras and another married daughter is staying in Bangalore. The remaining two daughters are school going students. Advocate for the respondent submitted that they are now college going students.

(3.) The premises occupied by the owner consists of a small verandah, a hall measuring 9' x 8', bath room and lavotary. This is the description given in the judgment of the court below. However, Mr. Shivaraj Patil for the petitioner submitted that in addition to this, a kitchen is in possession of the land owner, which fact is said to have been admitted The portion in the occupation of the tenant consists of a room measuring 10' x 8', another room measuring 10' x 8', kitchen and lavotary. The court below has come to the conclusion, after looking into sanctioned plan, that the entire house is built as one unit. The court below, after considering the fact that the petitioner is a widow and that there is no male member in her family, has granted the decree. In coming to this conclusion, the court below has taken into consideration the relevant circumstances that the land owner has two daughters and son-in-law at Bangalore happens to be the only male member in the family and thought it proper and just to hold that the accommodation is not sufficient. Having so held the court below has granted time to vacate the premises till the end of August 1985.