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2002 Supreme(SC) 942

BRIJESH KUMAR, R.C.LAHOTI
M. Subbarao And Sons – Appellant
Versus
Yashodamma – Respondent


JUDGMENT

R.C.LAHOTI, J.

(1) LEAVE granted.

(2) THE landlord-respondents initiated proceedings for eviction of the tenant-appellants on the grounds available under clauses (f), (h) and (p) of sub-section (1) of section 21 of Karnataka Rent Control Act, 1961 (hereinafter the Old Act, for short). The trial court directed eviction of the tenants on all the three grounds. In a revision preferred by the tenants, the learned additional district judge held the ground under clause (h) not available to the landlords. However, the order of eviction was sustained upholding availability of grounds under clauses (f) and (p). The tenants and the landlords both filed revision petitions before the High Court. By order dated 11.10.2000, the High Court disposed of both the revisions holding that subletting of tenancy premises by the tenants was made out and hence order for eviction was sustainable under clause (f). The High Court did not deem it necessary to enter into the question of bona fide requirement. On a prayer made on behalf of the tenants, they were allowed a period of one and a half years for vacating the premises which period was to expire on 11th April, 2002.

















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