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1990 Supreme(SC) 597

J.S.VERMA, K.JAYACHANDRA REDDY
Bhoolchand – Appellant
Versus
Kay Pee Cee Investments – Respondent


Advocates:
H.R.ANANTHA KRISHNA MURTHY, P.CHAUDHARY, RAMESHWAR NATH ROY, RAVINDER NATH, S.S.JAVALI, SUKUMAR GHOSH, Y.S.Chitale

JUDGMENT

VERMA, J.:—These appeals by special leave are by the tenant and the sub-tenant against a decree for eviction passed on the grounds of sub-letting and the reasonable and bona fide requirement of the respondent landlord specified in clauses (f) & (h) of the proviso to sub-section (1) of Section 21 of the Karnataka Rent Control Act, 1961 (hereinafter called "the Act"). The Trial Court had rejected the landlords application for an order of eviction on these grounds, but the High Court in a revision under Section 50 of the Act has set aside the Trial Courts order and passed the decree for eviction on these grounds. Hence these appeals.

2. The material facts are undisputed at this stage. The premises comprise of two shops and a house adjoining the shops and belonged earlier to one T.A. Jotindranath Mudaliar. The premises were let out by the original lessor to M/s. Bhoolchand Chandiram (Appellant in Civil Appeal No. 4701 of 1985) on 4-10-1943 on terms contained in the letter dated 4-10-1943 from the original lessor to M/ s. Bhoolchand Chandiram which reads as under:

"T.A. Jotindranath Mudaliar., 933, Laxmipur

Mysore,

4th October 43

To

Messrs. Boolchand Chandirarn,

Silk Merchant,

C/o Me







































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