VENKATESHWARA VIDYALAYA BANGALORE Vs. SHAMANTHA

JUDGEMENT

(1.) These two revision petitions filed under Section 50 of the Karnataka Rent Control Act (for short, 'the K.R.C. Act') arise out of the order dated 26th March, 1992 passed by the Additional Small Cause Judge in H.R.C. No. 1995 of 1988. H.R.R.P. No. 2841 of 1992 has been filed by the tenant. H.R.R.P. No. 3710 of 1992 has been filed by the landlord. The parties would be referred as per their ranks in the Lower Court.

(2.) The landlady filed the eviction petition under Section 21(1) proviso (h)(j) and (k) of the Karnataka Rent Control Act. In the eviction petition the landlady has alleged: The petitioner-landlady has purchased the premises bearing No. 182, situated at Link Road, Malleswaram, Bangalore-3. The respondent is a tenant on the schedule premises on a rent of Rs. 350/- per month. "The schedule premises is an old structure and is in a dilapidated condition and requires immediate demolition and reconstruction. The existing construction has been built up out of brick, cement plastering and has lost its life. The building is in a dilapidated condition and will not last for a long duration". The schedule property cannot be made use of as it is required by the petitioner for her bona fide use and occupation. The petitioner reasonably and bona fide requires the petition schedule property for the purpose of demolishing it and then erecting a new building in its place. The petitioner has obtained the sanctioned plan and licence to build the structure. The petitioner proposes to erect a new non-residential building. The petitioner has got the means to erect a new building after demolishing the existing structure.

(3.) The Corporation of the City of Bangalore has issued notice for dismantling the existing structure as it is in a dilapidated condition and is dangerous for human habitation. There is no earning member in the family of the landlady for improving the living standard of the landlady and the members of her family. It has become absolutely necessary for the petitioner-landlady to augment the income of the family and to provide employment to the members of the family. The petitioner's husband intends to carry on business of the building material such as cement, steel, sanitary fittings etc., in the proposed building. The petitioner's husband is without employment. He has experience as a contractor and he has got requisite knowledge to carry on the business of building materials. The place where the petition schedule property is situated is ideally suited to their requirements for their proposed business. The entire proposed building to be erected is required for their own use and occupation. The requirement of the petitioner is reasonable and bonafide.