N.L.UNTWALIA, V.R.KRISHNA IYER
Dattonpant Gopalvarao Devakate – Appellant
Versus
Vithalrao Maruthirao Janagaval – Respondent
Judgment
UNTWALIA, J.: - The defendant-appellant in this appeal by special leave was a tenant of the suit premises situated in the town of Hubli when the plaintiffs respondents purchased the property from the original owners by two sale deeds executed in August, 1968. The appellant thereafter became a tenant under the respondent The latter gave notice purporting to terminate the former s tenancy and thereafter filed an application under Section 21 (1) (a) and (h) of the Mysore Rent Control Act 1961 hereinafter referred to as the Act, for his eviction from the suit premises consisting of two shops. The appellant resisted the application for eviction on several grounds. The trial Court dismissed it but on appeal by the landlord the District Judge allowed the application for eviction. The tenant filed an application in revision under Section 50 of the Act in the Karnataka High Court. The High Court dismissed the revision application. Hence this appeal.
2. The issue as to the appellant s liability to be evicted on the ground mentioned in clause (a) of sub-section (1) of Section 21 of the Act was not pursued and eventually given up. The learned Additional Munsif who tried the application
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