S.V. KRISHNAMACHARI @ KRISHNAMACHARI Vs. SRI. BHATIA

JUDGEMENT

(1.) THESE two revisions arise out of an eviction proceedings initiated by the landlord under the provisions of Section 21(1)(h) and (p) of the Karnataka Rent Control Act ("the Act". for short). The impugned order is questioned by the landlord and tenant aggrieved by the adverse order passed by the trial Court against them by allowing the eviction petition filed under Section 21(1)(h) of the Act and dismissing the petition under Section 21(1)(p) of the Act. The landlord who initiated eviction petition under the provisions of Section 21(1)(a) of the Act has given up the same at the trial. The jural relationship of the parties is not in dispute. The eviction petition is taken under Section 21(1)(h) and (p) of the Act. The requirement is pleaded by the landlord at para 2 of his petition. It is his case that he is a goldsmith carrying on business in his premises at Yelahanka Town and he requires the petition premises to carry on his business as his landlord has been demanding him to vacate the premises. It is also his case that he has got two shop premises in Yelahanka Town, one of his sons is running a jewellery shop in one of the said shops and the Petitioner has got two sons and his sons are living separately having independent avocation. The Respondent -tenant is in occupation of the petition premises on a monthly rent of Rs. 400/ -; the petition premises is situate in the business place and near the bus stand and is more convenient and suitable to carry on the goldsmith work and he can cater to the needs of his customers. Hence, the premises is required for his bona fide use and occupation.

(2.) IT is also his case that the Respondent -tenant is running his own independent shop situate at Hospital Road, Yelahanka which he has acquired after he becoming a tenant in the schedule shop premises and therefore, he is liable to be evicted.

(3.) THE parties got themselves examined and relied upon some oral evidence. They got marked certain documents in support of their respective contentions.