VAZAYIL MOHAMMED Vs. SRIDHAR PURANIKA

JUDGEMENT

(1.) This petition is directed against the judgment d/.30-9-1974 passed by the Addl Dist Judge, S.Kanara, Mangalore, in HRC Appeal No.3 of 1870, allowing the appeal filed by the present respondent against the order d/.24-12-1969 passed by the Munsiff, Coondapur, in HRC Suit No.4 of 1969, and directing eviction of the petitioner from the premises in question viz, 7 cents of vacant land in Survey No.107/7 of Coondapur Kasaba, district South Kanara.

(2.) The undisputed facts are that the respondent is the owner of 7 cents of land in Sy No.107/7 of Coondapur Kasaba, Dist S.Kanara, and that is the premises concerned in this case. The respondent leased out this vacant land to the petitioner for running timber depot.

(3.) The respondent filed a petition in HRC Suit No.4 of 1969, before the Munsiff at Coondapur, against the petitioner, under S.21(1) (a), (f) and (h) of the Karnataka Kent Control Act, 1961 (to be hereinafter referred la as the Act;. It is necessary to state here itself that in this petition cnly the provision in S.21(1)(i) of the Act arises for consideration as the case of the respondent in regard to application of the provisions in o.21(1) (a) and (h) has been negatived by the two Courts below. The respondent contended that the petitioner had sub-leased a portion of this 7 cents of land to a man from Malabar for constructing a bunk-shop and, therefore, was liable to be evicted in view of S.21(1) (f) of the Act. The petitioner contended that he had not leased any portion of the land viz, the premises to anyone, but he himself had constructed a bunk- shop because the same was required by the respondent himself and rented it out to the respondent and the respondent in turn had rented it out to different persons.