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2004 Supreme(SC) 239

R.C.LAHOTI, ASHOK BHAN
P. Suryanarayana (D) By Lrs. – Appellant
Versus
K. S. Muddugowramma – Respondent


JUDGMENT

Lahoti, J.-This is a landlord-tenant dispute wherein the landlady has sought for eviction of the tenant on the ground of bona fide requirement of the suit premises for her own occupation - by herself and by members of her family residing with her, under clause (h) of proviso to sub-section (1) of Section 21 of The Karnataka Rent Control Act, 1961 (hereinafter "the 1961 Act", for short). Admittedly, the respondent-landlady is a widow. She is also owner of the premises wherein the appellants are the tenants. The eviction petition was filed some time in the year 1985. The requirement as pleaded by the landlady is that she has two major sons and two minor sons. The occupation of the landlady s family is weaving. One of the major sons was married, also blessed with a child and engaged in the family business. The second major son was unemployed and yet to be married. He was desirous of starting his own business but the premises presently in occupation of the landlady were not sufficient to accommodate any business activity of the second son. The other two sons were minor and did not have any place to study available within the premises in their occupation. The second of the major















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