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1978 Supreme(Kar) 219

SABHAHIT
NARAYANAPPA DIVAKARAPPA – Appellant
Versus
GOPALA RAO SRINIVASA BHAT – Respondent


( 1 ) THIS revision petition under section 50 of the Karnataka Rent Control Act, 1961 (hereinafter referred to as the Act) is instituted by the original landlord and is directed against the judgment dated 22-7-1974. passed by the learned. Second additional District Judge, Dharwar in H. R. C. Appeal No. 95 of 1973 on his file confirming the order of dismissal of the petition for eviction instituted by the landlord passed by the learned Munsiff on 5-4-1973 in HRC 26 of 1970. on his file.

( 2 ) THE landlord instituted action for eviction of the tenant under clauses (h) and (p) of the proviso to section 21 (1) of the Act. He averred in the petition that the tenant had secured another building in which he was running his hotel and so he was liable for eviction under clause (p) of section 21 (1) of the Act. He further averred that he required the suit premises bona fide and reasonably for his personal occupation. His family was growing and he wanted to accommodate one of his sons in business in the suit premises. The tenant however, resisted the requirements of the landlord.

( 3 ) THE learned Munsiff, appreciating the evidence on record, held that the claim made out under clause (p) of s









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