H S JAYARAM Vs. VIJAYALAKSHMI

JUDGEMENT

(1.) THIS is a tenant's petition under Section 115 of the Code of Civil procedure. The respondents herein are the landlords of a shop premises which is in the occupation of the petitioner. The landlords filed the eviction petition under the provisos (h) and (p) of Section 21 (1) of the karnataka Rent Control Act, 1961 (for short, the Act ).

(2.) THE landlords contended that when the premises was let out to the tenant by the father of respondents 2 to 7, respondents 2 to 7 were all still students, that the premises was required for the use of third respondent herein who wanted to start a business in sanitary fittings and furniture in order to earn his livelihood. They also contended that they, and before them, the father of respondents 2 to 7, had been requesting the petitioner to vacate the premises; and the tenant will not be put to any hardship if he is ordered to vacate the premises.

(3.) THE landlords also contended that the tenant has acquired a suitable premises for carrying on his business (premises bearing Khata No. 4121 of Hosaline, Santhepet, Hassan); that the tenant had initiated eviction proceedings against his tenants in the said premises in HRC nos. 100 and 101 of 1980 on the ground that his landlord was pressing him to vacate the premises; and the eviction petitions filed by the tenant (against his tenants) were allowed and the same were also confirmed by the District Court in HRC RC Nos. 30 and 31 of 1982.