B NAMADEVA BALIGA Vs. DAMODARA NAYAK

JUDGEMENT

(1.) THIS revision petition has been filed by the petitioner-tenant under Section 115 of the CPC against the order dated 5-4-1997 passed in R (R) No. 35 of 1990 on the file of the II Additional district Judge, Mangalore, by which the first revisional Court under Section 50 of the Karnataka rent Control Act, 1961 (in short the 'act') has confirmed eviction of the petitioner on the ground that he has unlawfully sublet the petition premises and also on the ground that he has acquired alternative accommodation as envisaged under Section 21 (1) (f) and (p) of the Act.

(2.) IT is not at all in dispute that the petition premises was taken on lease by the petitioner tenant as evidenced by Ex. P. 1, being lease deed. The lower revisional Court on the basis of the ration card, Commissioner's report (Ex. C. 1) has found that the premises was subsequently put under exclusive possession of one Govardhan Baliga, brother of the petitioner-tenant. It has also been found as of fact that the petitioner-tenant is carrying on his business in jaggery at Mandya, where he is permanently residing with his family. It has also come on record that one of his daughters has been admitted to a school at Mandya. Apart from that, the petitioner-tenant is having telephone connection at Mandya. There is no acceptable evidence to show that he is still residing in Mangalore.

(3.) IT is on these findings recorded by the lower revisional Court, eviction has been ordered both on the ground of unlawful subletting as also acquiring of alternative and suitable accommodation. So far as subletting aspect is concerned, the Court below has found that the brother of the petitioner is in exclusive possession of the petition premises.