PREMCHAND GUPTA Vs. P SURYANARAYANA

JUDGEMENT

(1.) 1. This is a landlord's petition challenging the order of dismissal of eviction petition in HRC 2484/83, filed under clauses (f) and (h) of Section 21(1) of the Karnataka Rent Control Act.

(2.) Landlord sought eviction against respondents 1 and 2 alleging that respondent-1 is the tenant of premises No. 163/164, 6th cross, Gandhinagar, Bangalore-9, on a monthly rent of Rs. 200/-. Premises, in its entirety, belonged to the joint family of Ramswaroop Gupta. By a registered partition deed dated 7-3- 1977, the properly was partitioned; in the said partition the schedule premises, its first floor, and an adjacent room (garage) fell to the share of the petitioner landlord. The main building, ground floor and first floor, fell to the share of other members. Petitioner-landlord has been staying in two rooms in the main building, which portion has fallen to the share of another member. The petitioner's family consists of himselt, his wife and three children. The accommodation being insufficient and his stay being permissive, he sought eviction, to be in possession of his own premises.

(3.) In the allotted portion there are two rooms in the first floor, a room and a garage in the ground floor. The respondents are in occupation of garage. The first floor was occupied by Mohd Sultan. He sought eviction against Sultan, the tenant of two rooms in the first floor, anc against these respondents for the garage Apart from the personal requirement, the petitioner-landlord pleaded that first respondent has sub-leased the premises. to 2nd respondent without his consent.