P PARAMESWARAIAH Vs. A MOIDU HAJI

JUDGEMENT

(1.) By consent of parties, this revision petition is treated as being on the cause list of today for final hearing, and, after hearing both sides, I make the following Order.

(2.) The landlord made an application for the eviction of three tenants occupying three different tenements on the ground that he reasonably and bona fide required the premises for his own occupation. The Munsiff disallowed the application in respect of one of those tenants on the ground that the tenancy had not been properly terminated in respect of that tenant and made an order of eviction in respect of the other two tenants on the basis of his finding that the reasonable and bona fide requirement alleged by the landlord was proved. The respondent preferred an appeal from the order which was made against him in that way and the only ground on which the District Judge set aside the order of eviction made by the Munsiff was that since the landlord required all the three tenements for his occupation and he could not get one of them by reason of the fact that the tenancy in respect of that tenant had not yet been terminated, the tenants, whose eviction had already been made by the Munsiff, could not also be evicted. This ground is, it is obvious, plainly unsupportable. If accepted as a sustainable ground for the refusal of an order of eviction, it results in the alarming consequence that until all the orders of eviction could simultaneously be made, no order of eviction could at all be made. So, if the order of eviction in the case of the tenant who appealed to the District Judge was set aside, the other tenants could also plead that they could not also be evicted unless that tenant was evicted and vice versa, and the litigation commenced by the landlord would become interminable.

(3.) So, I allow this revision petition and remand the appeal to the District Judge for a fresh disposal according to law after recording findings on the other issues presented by the appeal save the one which is decided in this revision Petition. No costs.