H K RAMAKRISHNA IYENGAR Vs. R KAMALABAI

JUDGEMENT

(1.) THESE two revision petitions arise out of the order passed by the learned Additional Small Causes Judge (H. R. C.), Bangalore, on 12-10-1992 in House Rent Control No. 546 of 1986. House rent Control No. 546 of 1986 was filed by petitioner B. Ramachandra Rao (by L. Rs.) against respondent-tenant H. K. Ramakrishna lyengar under Section 21 (1) (b), (c), (d), (h) and (p)of the Karnataka Rent Control Act. The petitioner has prayed that the respondent should be evicted from premises Nos. 1676 and 1636 (two shops) and the shed bearing premises No. 1635 situated at Rajajinagar II Stage, Bangalore. Each shop measures 9' x 14' and the shed measures 18' x 14'.

(2.) THE learned H. R. C. Judge dismissed the landlord's petition under Section 21 (1) (b), (c), and (p) of the Karnataka Rent control Act. The learned Judge allowed in part the petition under Section 21 (1) (h) of the Karnataka Rent Control Act. The learned Judge has ordered directing the respondent-tenant to give vacant possession of one shop which situated by the side of the provision stores. He permitted the respondent-tenant to retain the other shop which is situated adjacent to the shop.

(3.) THE learned Judge has further ordered that after recovering the possession of one shop, the legal representatives of the landlord may close the door between the two shops (petition schedule shops ).