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2003 Supreme(Kar) 527

V.GOPALA GOWDA
MANJUNATH M. – Appellant
Versus
RAJESH P. SHAH – Respondent


Advocates:
A.Sampath, B.Abdul Rahim, Mahesh V.Prashanth, N.S.Satish Chandra, P.T.HEBBAR, R.Nataraj, Sriyuths Rajanna, Supreethi P.

V. GOPALA GOWDA, J.

( 1 ) THE petitioner is the landlord. He has filed this revision petition against the order dated 18-11-1999 passed by the Trial Court dismissing his eviction petition filed under Section 21 (l) (h) of the Karnataka Rent control Act, 1961.

( 2 ) THE petitioner filed petition seeking eviction of the respondent from the petition schedule premises on the ground that he requires the same for self-occupation of his family members. The petitioner claimed that he is the owner of the schedule property by virtue of the Will dated 29-9-1993 executed by. the landlady, deceased Boramma. The respondent vehemently resisted the petition taking several contentions including denial of relationship of landlord and tenant. Parties adduced evidence and produced documents in support of their respective case. Upon appreciation of the material evidence placed on record, the Trial Court held that the petitioner has no right to maintain the eviction petition; that he has not proved the Will and that he has not established the fact that he is the landlord of the petition schedule premises. Consequently, the eviction petition was dismissed. Aggrieved by the same the present revision petiti










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