A.K. KAIAMMA Vs. M.G. DIWAKAR

JUDGEMENT

(1.) THESE revision petitions are by the tenants and directed against the order of eviction dated 26th Nov., 1981 passed by the IVth Additional Small Causes Judge, Bangalore City, in HRC Nos. 915/80, 917/80, 919/80 and 818/80 respectively.

(2.) THE respondent-firm M/s. Muddaiah and Sons, dissolved partnership firm represented by two partners of the firm namely M.G. Diwakar and M.G. Ratnakar, brought the proceedings for eviction under clause (g) of sub-section (1) of Section 41 of the Karnataka Rent Control Act, 1961, hereinafter referred to as the Act, contending inter alia, that the tenants were inducted in possession of the premises, more particularly described in the schedule annexed to the original petitions, as tenants by virtue of their being employees of the firm and since the firm having been dissolved with effect from 26th November, 1975, the business has been closed, they have ceased to be the employees of the firm and, therefore, they were liable to be evicted.

(3.) THE contention raised by the tenants-petitioners was that they were already in occupation of the premises in their possession as tenants even before they were employed and they being not as such service tenants, the applications as brought against them under clause (g) of sub-section (1) of Section 21 of the Act were not maintainable.