ACHAMMA THOMAS Vs. E R FAIRMAN

JUDGEMENT

(1.) The petitioner made an application for eviction of the respondent-tenant before the learned Munsiff, Civil Station, Bangalore, on the ground that she required the premises for her own occupation. After terminating the tenancy by issuing notice, she filed the application for eviction as the respondent-tenant refused to comply with the demand. The respondent contended that the petitioner's claim was neither reasonable nor Dona fide and greater hardship would be caused to him by passing a decree for eviction than by refusing to pass it. He also contended that there was no valid notice terminating his tenancy and therefore the petitioner has no right to seek his eviction from the premises.

(2.) The trial court found in favour of the petitioner on all issues including the question of notice which is the only one on which the arguments have been addressed in this court. The trial court held that the registered notice issued by the petitioner to the respondent has been returned undelivered. The learned Munsiff found that a copy of the notice was affixed on a conspicuous part of the premises. He also found that one of the notices was sent by certificate of posting and therefore a presumption of service of the notice arises under Section 114 of the Evidence Act. The learned Munsiff found that the petitioner had issued a valid notice to the respondent to quit. In the result, he allowed the petition for eviction.

(3.) On appeal in H. R. C. A. 11 of 1968 the learned First Additional District Judge, Bangalore concurred with the finding of the trial court that the petitioner required the premises reasonably and bona fide for her own use. On the question of hardship, the learned District Judge found against the tenant. He took the view that in the circumstances of the case, there was no valid termination of the tenancy in accordance with law; thus the petitioner had no right to seek eviction of the respondent-tenant and therefore he allowed the appeal and dismissed the petitioner's application for eviction. She has now filed this revision petition.