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2002 Supreme(SC) 603

BRIJESH KUMAR, D.P.MOHAPATRA
Champa Lal – Appellant
Versus
Shaik Najmuddin Alias Gulsheer Pasha – Respondent


JUDGMENT

D.P. Mohapatra, J.-Leave granted.

2. Champa Lal, the appellant herein, is the tenant in occupation of the shop which is a part of the premises bearing No. 16 South Street (Dowlath Khan Garden), Yellagundapalyam, Bangalore. Respondent No. 1 Shaik Najmuddin @ Gulsheer Pasha and his wife Azeezunnissa are the owners of the suit premises. In this appeal the appellant assails the order passed by the High Court of Karnataka in HRRP No. 1346/96 in which the High Court in exercise of its revisional power set aside the order passed by the Court of Small Causes, Bangalore in HRC No. 10792 of 1987 and ordered eviction of the tenant from the premises in question.

3. The proceeding before the Small Causes Court was initiated on the petition filed by the landlord under section 21(1)(h) of the Karnataka Rent Control Act, 1961 (for short the Act ) on the ground of reasonable and bona fide requirement for personal occupation. The bonafide requirement pleaded by the landlord was that the respondent No. 1 intended to open a grocery shop in the shop room which is in occupation of the appellant. It may be noted here that the appellant, who is a pawn broker, used the room for purpose of his busine













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