- (1.) This appeal by special leave arises from the judgment of the Karnataka High Court in Civil Revision Petition No. 528/ 84. The High Court held that the respondent-land lord has satisfied the requirements of clause (1) of section 21(1) of the Karnataka Rent Control Act, 1961, (Act No. 22 of 1961). The High Court found: "But however the test of bona fide and reasonableness will have to be determined with reference to the financial capacity and the sanction of the plan etc. That the landlord has got sufficient financial capacity is not disputed by the other side. He has also produced sanctioned plan. Therefore, though the Revisional Court has erred in opining that the bona fide and reasonableness need not be proved, the material on record amply proves the same."
(2.) Section 21 (1)(1) reads: "21. Protection of tenants against eviction.- (1) Notwithstanding anything to the contrary contained in any other law or contract, no order or decree for the recovery of possession of any premises shall be made by any court or other authority in favour of the landlord against the tenant: Provided that the court may, on an application made to it, make an order for the recovery of possession of a premises on one or more of the following grounds only, namely.. . . . . . . . . .. . . . . . . . . . . . . . . . . . (1) that where the premises are land, such land is reasonably and bona fide required by the landlord for the erection of a new building which a local authority or other competent authority has approved or permitted him to build thereon."
(3.) Evidence had been let in by the landlord as to his requirements in the trial court. No evidence had been let in on the side of the tenant. However, the burden of establishing any one of the grounds mentioned in the proviso to Section 21(1) is upon the landlord.;