DSOUZA A. Vs. RAMA RAO D.

JUDGEMENT

(1.) These two Revision Petitions are instituted by the tenants and are directed against the common judgment dated 22.8.1974, passed by the First Additional District Judge, Bangalore; in HRCA Nos. 120 and 121 of 1974 on his file, allowing the appeals and reversing the order dated 22.11.1973 passed by the Fourth additional First Munsif, Bangalore, in HRC Nos. 316 of 314 of 1968 on his file.

(2.) The landlord instituted action for eviction of the tenants under Clauses (a), (d), (f), (h) and (j) of the proviso to Sec. 21(1) of the Karnataka Rent Control Act, 1961. He averred that he required the three suit shops, including the one occupied by another tenant, by name, Nanjaiah, which was the subject matter of HRC No. 313 of 1968 on the file of the Fourth Additional First Munsif, Bangalore, bonafide and reasonably for his personal occupation. He alleged that they had not paid the rental even on demand; they were a cause of nuisance and further that he required the suit premises for starting a business in sports goods, foot wear and Departmental stores : his son was trained as an apprentice in Shobha Company, Malleswaram; he wanted to occupy the three shops after reconstruction and remodelling them. He also alleged subletting. He instituted three petitions before the learned Munsiff and the learned Munsiff appreciating the evidence adduced before him, held against the landlord under all the Clauses in the two cases now in question and dismissed the petitions for eviction of the tenants. Aggrieved by the said order, the landlord went up in appeal before the District Judge, and the learned District Judge allowed the appeals of the landlord and ordered eviction of the two tenants. Aggrieved by the said order, the tenants have filed the present Revision Petitions.

(3.) These two Revisions Petitions are heard together as they arise out of the common order and given rise to common questions of facts and law.