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1987 Supreme(Kar) 197

K.A.SWAMI, P.P.BOPANNA
KAREEM BAIG – Appellant
Versus
MOHAMMAD KHIZAR HUSSAIN – Respondent


Advocates:
M.N.SESHAGIRI RAO, S.BHUJANGA RAO, S.V.RAGHAVACHAR

P. P. BOPANNA. J.

( 1 ) THIS appeal raises an interesting question touching the right of the landlod to seek a decree for possession against his tenant in respect of his premises to which the Karnataka Rent Control Act, 1961 (hereinafter referred to as the 'act') applies.

( 2 ) IN this judgment, the parties are referred to, by the position assigned to them in the trial court. The facts leading to this appeal are as follows : one Dr. Ali Hussain (hereinafter referred to as the 'owner') was the owner of the premises in question bearing Municipal No. 1392 (new No. 859) situate in masjid Mohalla of Ramanagaram Town. The premises in question will be, hereinafter referred to as the 'suit premises'. It was admittedly covered by the provisions of the Act. Dr. Ali Hussain had two wives. Plaintiffs 1 to 3 are the sons, plaintiffs 4 to 6 are the daughters and plaintiffs 7 and 8 are two wives of Dr. Ali hussain.

( 3 ) THE owner had filed an eviction petition against defendants 1 and 3 in h. R. C. No. 13/1973 on the file of the learned Munsiff, Ramanagaram. In that eviction petition (H. R. C No. 13/1973), he had sought for eviction of defendants 1 and 3 on the ground that defendants-1 was a chr


























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