E C MASCARENHAS Vs. STELLA DUMONT

JUDGEMENT

(1.) THIS revision is directed against the order of eviction dated 6-3-1990 passed in hrc No. 10471 of 1985 on the file of the additional small causes judge, mayohall, Bangalore, allowing the petition in part and granting eviction under Section 21 (1) (h) of the Rent Control Act ('act' for short ).

(2.) THE respondent herein is admittedly the owner of the petition premises which is a residential premises. The same was gifted to her by her mother which in fact, is not in dispute. The premises is a part of a residential building which is the first floor. The ground floor of the said building was gifted to the respondent's sister by her mother. The respondent is a lady who acquired the citizenship of singapore along with her husband who was employed there. It is her case that her husband retired from the service in the year 1984. Therefore, they came back to india. They have got a son who is mentally retarded. They stayed for some time in Madras for medical treatment of their son. 'since they decided to settle in india, they requested the petitioner herein who is the tenant of the premises to vacate and deliver vacant portion as they require the same for the bona fide use and occupation, which request was not complied. According to the respondent she had no other premises anywhere in india. Hence, she filed a petition for eviction mainly on the ground of bona fide use and occupation.

(3.) THE petition was resisted by the tenant-petitioner on the ground the respondent being a citizen of singapore cannot stay in India unless she acquires Indian citizenship. Her sister has already sold the ground floor of the premises. The respondent and her husband have no intention of staying in india. Therefore, there are no bona fides in the requirement. even otherwise, great hardship would be caused to the family of the tenant if an order of eviction is passed. It is upon these grounds, the tenant requested the court to dismiss the petition.