A. V. SRINIVASA REDDY, J.

( 1 ) THE petitioner-tenant calls in question the validity and correctness of the order dated 6th February, 2003 passed by the XII Additional Judge, Court of Small Causes, Bangalore in H. R. C. No. 1612 of 1997 allowing the eviction petition and directing the petitioner-tenant to vacate the petition premises.

( 2 ) THE respondent-landlord filed the petition pleading requirement of the premises for her own use. The petitioner was originally the tenant under the father of the landlord B. Shankaraiah. The petition premises was bequeathed by the said Shankaraiah in favour of the respondent. After the death of Shankaraiah the respondent became the owner of the premises by virtue of the Will executed by her father. In the eviction petition presented by her, it was pleaded that she was residing along with her husband and children in a rented premises by paying a rent of Rs. 3,080/- per month and that she has no other immovable property other than the petition premises and, therefore, she requires the premises for her own use and occupation and for the use and occupation of her family members.

( 3 ) DURING the pendency of the proceedings in the Court below the pet

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