AKBAR BASHA Vs. B MARUTHI

JUDGEMENT

(1.) THIS is the landlord's revision petition filed against the order of dismissal of the Eviction petition HRC No. 10573 of 1989 on the file of the Additional Small Causes Judge, Civil Station, bangalore, by an order dated 6-8-1992 under Section 21 (1) (a) and (h) of the Karnataka Rent control Act (for short, the 'act' ).

(2.) REVISION petitioner filed the eviction petition in the Trial Court seeking for eviction of the respondent-tenant from the shop premises bearing No. 45, 4th Cross, 1st Main, Gangenahalli extension, Bangalore-32, on the grounds under Section 21 (1) (a) and (h) of the Act, alleging that the respondent who is in occupation of the said shop premises on a monthly rent of Rs. 125/- fell in arrears of rent and in spite of a notice dated 16-11-1988 issued to him calling upon him to pay the arrears of rent of Rs. 1,500/- due from 8-4-1987 he has not paid the said arrears within two months from the date of tender of notice to him, which was sent by registered post and also under certificate of posting. It is further alleged that petitioner requires the petition schedule shop by way of additional accommodation for running a cycle shop since the accommodation available in the adjacent shop in his occupation is found to be insufficient as his business was expanded. He, also alleged that he will be put to greater hardship if an order of eviction were to be refused against the respondent and that the respondent will not be put to any greater hardship if an order of eviction were to be passed against him.

(3.) RESPONDENT resisted the eviction proceedings by filing his counter contending that the rate of rent is Rs. 75/- p. m. and denying that he is in arrears of rent claimed in the notice. He also denied that he is due rents from 8-4-1987 and also denied that petitioner requires the petition schedule shop by way of additional accommodation for running a cycle shop and contending that he will be put to greater hardship if an order of eviction were to be passed against him since he is the only earning member in his family and the income from the business in the petition schedule shop is the only source of livelihood for his family. According to him petitioner demanded enhanced rent of Rs. 400/- and additional advance of Rs. 10,000/- and since he refused to accept the said demand, eviction petition is filed against him.