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2004 Supreme(SC) 968

C. K. THAKKER, G. P. MATHUR
K. Ganesh Shet – Appellant
Versus
A. K. Jayarama Sheka – Respondent


JUDGMENT

R.C. Lahoti, CJI-Proceedings for eviction of tenant on the ground available under Section 21(1)(f) of the Karnataka Rent Control Act, 1961 (hereinafter, the Act for short) were initiated. The Trial Court dismissed the claim for eviction. The landlord preferred revision before the Court of District Judge which was allowed and the tenant and the sub-tenants were directed to be evicted. The two sub-tenants preferred revisions in the High Court. The High Court has upheld the finding of fact recorded by the District Judge that the premises were sub-let without the consent of the landlord. However, still the High Court has granted relief to the sub-tenants and denied relief of eviction to the landlord. The High Court has formed an opinion that in spite of the sub-tenants having been illegally inducted into the premises, the original tenant had died and the sub-tenants were holding under the legal representatives of the original tenant and the sub-tenants deserved to be shown mercy. The High Court directed the rent which was being paid by the sub-tenants at the rate of Rs. 600/- per month to be enhanced to Rs. 1000/- per month and that too directly to the landlord bypassing the te









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