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1998 Supreme(SC) 1187

J.JAGANNADHA RAO, S.B.MAJMUDAR
M. S. Zahed – Appellant
Versus
K. Raghavan – Respondent


Judgment

S.B. Majmudar, J.-Leave granted.

2. By consent of learned counsel for the parties, the appeal was finally heard and is being disposed of by this judgment.

3. A few relevant facts dealing with this appeal on special leave under Article 136 of the Constitution of India, deserve to be noted at the outset.

Background Facts:

4. The appellant before us is the landlord and the respondent is the tenant. The appellant is the owner of a residential house situated in Indiranagar locality in Bangalore city. The respondent is occupying a part of the ground floor of the said house on a monthly rent of Rs. 170/-. The present proceedings arise out of the suit for possession filed by the appellant against the respondent under Section 21(1)(h) of the Karnataka Rent Control Act, 1961 (hereinafter referred to as the ‘Act’). For the sake of convenience, we shall refer to the appel­lant as the plaintiff and the respondent as the defendant in the latter part of this judgment. The case of the plaintiff is that he requires the suit premises in occupation of the defendant, as the present accommodation available to him on the first and the ground floors of the building is not sufficient for accommodating















































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