Judgement

SIKRI, J. : This appeal by special leave is directed against the judgment of the High Court of Mysore in Civil Revision Petition No. 1044 of 1962, filed under S. 17 of the Mysore House Rent and Accommodation Control Act, 1951 (Mysore Act XXX of 1951) - hereinafter referred to as the Act - whereby the High Court set aside the order passed by the III Additional District Judge, Bangalore. The III Additional Judge had set aside the order of the First Munsiff, Bangalore, who had directed the eviction of the tenant from the premises in dispute.

2. The appellant before us, Padmanabha Setty, hereinafter referred to as the tenant, was the tenant of a non-residential premises No. 281, Old Tharagupet, Bangalore City. The tenant had installed some machinery in the premises. The respondent, K. P. Papiah Setty, is the landlord. He had purchased the premises for his own use and occupation, namely, for the purpose of shifting his business which he was carrying on in a rented building to the premises in dispute. The landlord filed an application under S. 8 (3) (a) (ii) of the Act for the eviction of the tenant on the ground that he required the premises in dispute for his own use and occupa