( 1 ) ON 20-3-1971 the petitioner filed an application under S. 21 (1) (h) of the Karnataka Rent control Act 1961 (hereinafter referred to as 'the 1961 Act') in the Court of the Munsiff, davanagere, for eviction of respondent No. 3 (hereinafter referred to as 'the respondent') who is admittedly in occupation of premises bearing Door No. 591/1 situated in Davanagere City more fully described in the Schedule annexed to the petition, which was resisted by the respondent. In his application, the petitioner principally pleaded that the premises were required to run the business concern of 'kirwadi Veerabhadrappa and Sons' and 'kirwadi Anjanappa and Sons' and later amended as 'kirwadi Anjanappa and Brothers'. In the objections statement filed, the respondent denied the plea of bona fide requirement of the premises pleaded by the petitioner and did not raise any objection as to the maintainability of the application filed by the petitioner. On a consideration of the evidence placed by the parties, the learned Munsiff, by his order dated 10-11-1971, rejected the application of the petitioner inter alia holding that the petitioner could use the upstairs portion of the petition schedule prem

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