( 1 ) THE plaintiff has filed this second appeal against the order passed by the Civil Judge, Mangalore, in R. A. No. 22 of 1969 dismissing the plaintiff's appeal filed against the judgment and decree passed by the Munsiff at mangalore in O. S. No. 170 of 1965 dismissing the plaintiff's suit for declaration that he is entitled to occupy the plaint schedule premises as a tenant on fair rent to be fixed by the Court and for possession of the plaint schedule premises marked in red colour in the plaint plan.

( 2 ) THE plaintiff's case, as revealed by the plaint, is that he was a tenant in respect of the premises bearing No. 13-658 TS No. 186/2, 13th ward, Mangalore Municipality, on a monthly rental of Rs. 25 as per the rent bond dt. 22-2-1958. The defendant obtained transfer of the premises and the lease-hold rights under a sale-deed dt. 16-3-63 and filed an application in RCOP No. 244/63 for eviction against the plaintiff under S. 21 (j) of the Mysore Rent Control Act, 1961 (to be hereinafter referred to as the act) on the ground that the defendant required the premises for immediate purpose of demolishing and reconstruction. The application was allowed directing the plaintiff to surr

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