Judgement

BACHAWAT, J. : This appeal arises out of a suit by a landlord against a tenant and a sub-tenant for recovery of land situate near the cloth market in the city of Gadag, taluk Gadag, bearing City Survey No. 1577/17 measuring 124-4 sq. yards, excluding a portion thereof towards the northeast corner measuring about 10-11 feet in length and 10-11 feet in breadth. The Civil Judge Junior Division, Gadag dismissed the suit. On appeal, the Second Additional District Judge, Dharwar, set aside the judgment of the trial Court and decreed the suit. The High Court of Mysore dismissed a revision petition preferred by the defendants. The defendants now appeal to this Court by special leave.

2. The Additional District Judge, Dharwar found that the suit premises are land not used for agricultural purposes, and are reasonable and bona fide required by the plaintiff landlord for the erection of a new building and consequently, the ground of eviction mentioned in S. 13(1)(i) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Bombay Act, No. 57 of 1947), hereafter referred to as the Act, was made out. He repelled all the defence contentions and decreed the suit. The High Cour