K N SURYANARAYANA SETTY Vs. K SATTARKHAN

JUDGEMENT

(1.) This revision petition under Section 50 of the Karnatka Rent Control Act, 1961 ('Act') for short) is presented by the landlord having failed before the trial Court. The landlord has sought eviction of the respondents under Section 21(l)(h) of the Act in respect of the shop premises bearing No. 6 situated in Jumma Masjid Road, Bangalore City, who have been in occupation of the said premises since the year 1971, and the petitioner has been seeking their eviction since the year 1984.

(2.) In the petition it is stated that the shop in question is situated in Jumma Masjid road and that the petitioner is residing in the residential portion of the building in the ground floor and first floor bearing No. 5. It appears that there are altogether three shops in row out of which the middle one is already in the occupation of the petitioner which he got vacated by filing an eviction petition and the same is being used by him for his silk and cotton yarn business.

(3.) It is the case of the petitioner that he is in need of shop premises No. 6 which is in the occupation of the respondents, "for the use of one of his sons to conduct a provision-cum-grocery shop." It is also stated in the petition that he is also in need of another shop premises No. 5 in the occupation of another tenant by name Narayandas in respect of which the petitioner had also filed an eviction petition. It appears the said eviction petition has since been allowed and against the said order the tenant of shop No. 5 has preferred revision in this Court.