M CHIDAMBARAM Vs. N SARGUNAM

JUDGEMENT

(1.) This is a tenant's petition challenging the order of eviction passed by 4th additional Small Causes Judge, Civil Station, Bangalore, in HRC No. 10561/1981. Premises No. 15/1 (old No 8) New No. 15/181, Cambridge Road, Ulsoor, belonged to R Srinivasan. On 29-11-1979, he sold it to N. Sargunam, the present landlady respondent. On 30-11-1979, Srinivasan's advocate issued a notice to petitioner tenant to attorn his tenancy to the purchaser with effect from 30-11 - 1979. On 12-2-1980 the petitioner- tenant filed a suit for specific performance of contract against R. Srinivasan and present landlady, which is still pending. The plea set up was, R. Srinivasan had executed an agreement of sale in favour of petitioner-tenant on 14-6-1979. One significant fact found in the plaint in respect of sale deed executed by R. Srinivasan is-

(2.) Implicit in this statement is a fact that prior to the agreement dated 14-6-1979, set up by the petitioner- tenant, there was an agreement between R. Srinivasan and the landlady, which culminated in the execution of the sale deed dated 29-11-1979, but according to petitioner-tenant the said agreement was cancelled.

(3.) The landlady sought eviction under clause (h) of Section 21(1) of the Karnataka Rent Control Act, on the ground that the premises are required for self occupation for her family which consists of herself, husband, five children, in addition, her husband's second wife. who is also staying with her. Landlady's husband is a gold-smith, his monthly in- come being Rs. 500/-. An ex-parte eviction decree was passed. Landlady secured possession in execution. Thereafter the ex-parte decree was set aside. The tenant got the possession restored and thus he continues to be in possession. Landlady's family is staying in one room in a friend's house, who is examined as PW-2.