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1995 Supreme(SC) 959

S.C.AGRAWAL, S.P.BHARUCHA
Laxmi Alias Anandi – Appellant
Versus
C. Setharama Nagarkar – Respondent


Advocates:
P.Mahale, S.K.KULAKARNI, SANGITA KUMAR

Judgement

BHARUCHA, J.:- Delay condoned.

2. Leave granted.

3. These are cross appeals against the judgment and order of the High Court of Karnataka dismissing the revision petitions filed by the landlord and the tenants who were parties to an eviction proceeding.

4. The proceeding was lodged on the ground that the tenants were in the default of payment of rent and were, therefore, liable to be evicted under the provisions of Section 21(1)(a) of the Karnataka Rent Control Act; that the landlord bona fide and reasonably required the rent premises; and that the tenants had sub-leased the same. The trial Court upheld the landlords case on all three grounds and passed an order of eviction. The learned District Judge reversed the finding of the trial Court on the first two grounds and upheld it on the ground of sub-letting. The High Court rejected the landlords revision petition on the ground of bona fide need. It also rejected the tenants revision petition and upheld the findings of the trial Court and the District Judge that the original tenant. Shankarnarayana Shet, the late husband on the 1st respondent and father of the 2nd and 3rd respondent, had sub-let part of the suit premises to th














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