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1964 Supreme(SC) 94

M.HIDAYATULLAH, A.K.SARKAR, J.R.MUDHOLKAR
Misrilal Parasmal – Appellant
Versus
H. P. Sadasiviah – Respondent


Advocates:
A.RANGANADHAM CHETTY, A.V.RANGAM, A.V.VEDAVALLI, K.JAYRAMAN GOWDA, R.Ganapathy Iyer

Judgment

MUDHOLKAR, J. :

The respondents are the landlords of a house situate on Mamulpet Road, Bangalore in a portion of which the appellant firm is running a cloth shop as a tenant. That house bears three Nos. 135, 136 and 120. The portions numbered 135 and 136 are entirely in its possession. In so far as the portion No. 120 is concerned, it is admittedly in a dilapidated condition, and the appellant is in possession of only one room therein. The respondents made an application in the court of the First Munsiff at Bangalore under S. 8(2) (ix) and (xii) of the Mysore House Rent and Accommodation Control Act 1951 (hereafter referred to as the Act) for the eviction of the appellant on the ground that the house was reasonably and bona fide required by them for carrying out the reconstruction which cannot be carried out without the house being vacated and also upon the ground that the appellant has alternative accommodation of his own for locating his shop. Their application was allowed by the Munsiff who granted two months time to the appellant to vacate the premises and deliver possession to the respondents. An appeal preferred by the appellant before the District Court was dismisse
















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