K APPANNA Vs. S RAJASEKHAR

JUDGEMENT

(1.) THIS revision petition is filed by the landlord against the rejection of his petition for eviction under Section 21 (1) (a), (f)and (h) of the Karnataka Rent Control Act. As in this revision petition, the learned Counsel for the petitioner has mainly relied on the grounds under Section 21 (1) (a) and (h), it is not necessary to refer to the pleadings with regard to the ground under Section 21 (1) (f) of the Act.

(2.) THE petitioner's case is that the respondent who is a tenant liable to pay rent of Rs. 475/- per month had failed to pay the rents due from August 1987 to the end of August 1988 and that he failed to pay that amount inspite of service of notice, dated 10-6-1988. According to the petitioner, the respondent was liable to be evicted on that ground under Section 21 (1) (a ). He further pleaded that he had decided to earn some income to augment his meagre salary and rentals by starting a business in condiments with the assistance of his sisters, in the petition premises and that as such he bona fide and reasonably requires the petition premises.

(3.) THE respondent-tenant did not dispute the rate of rent. He also did not specifically deny the fact that he had not paid the rent from August 1987. His case was that during July and august 1987 the roof of the premises stated leaking, that with the consent of the petitioner he effected the repairs to the premises spending Rs. 5,900/- that he intimated the amount spent to the petitioner and requested him to adjust it towards the rents payable by him and that he started adjusting the amount spent by him towards rent payable from August 1987 onwards. According to him, the petitioner himself was still due to him Rs. 1,625/ -. He further alleged that the petitioner demanded higher rate of rent at Rs. 750/- per month and because he did not agree to raise the rent, the petitioner has come forward with a plea of requirement of starting a condiments business. He also pleaded that hardship may be caused to him in case he is evicted.