SAVANI TRANSPORT LIMITED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) WRIT petitioner, a tenant in respect of a non-residential premises bearing (Old) No. 59, (New) No. 32, 3rd Cross, kalasipalyam, Bangalore-2, is making efforts through the present writ petition to get over an order of eviction dated 13-6-2001 passed in HRC No. 24 of 1996, on the file of the XIX additional Small Causes Judge, Bangalore, under the provisions of Section 21 (l) (h) of the Karnataka Rent Control Act, 1961 (for short, the 1961 Act), and for such purpose, has called in question not only the legality of this order, but also the constitutional validity of Section 2 (3) (g) and Section 70 (2) (c) of the karnataka Rent Act, 1999 (for short, the 1999 act), which enactment has replaced the 1961 act, contending that these provisions are arbitrary, discriminatory and violative of Art. 14 of the Constitution of India, though petitioner itself has not suffered an order of eviction under such provision.

(2.) THE brief facts leading to this writ petition are that : The petitioner is the tenant in respect of the premises as mentioned above under the second respondent. The second respondent-landlord had filed the eviction petition under Section 21 (l) (h) of the 1961 Act seeking for eviction of the tenant-petitioner on the ground of bona fide use and occupation viz. , to start a jewellery shop in the schedule premises by the landlord and his son.

(3.) THE eviction petition was resisted by the tenant. The matter was examined by the designated Court and the learned Judge of the court being satisfied that the landlord had made out a case for grant of an order of eviction in favour of the eviction petitioner, passed the impugned order directing the tenant to vacate and handover the vacant possession of the premises within six months from the date of the order.