IN THE HIGH COURT OF KARNAT4KA AT BANGALORE DATED THE 30TH !..AY OF MAY 1998 BEFORE: THE HON ‘BLE MRJU€:TIC!. H RANGAVITTALACHAR HSRPNO.7S2/l994 lDrMNLTanakiram, sb late Neell Muniramaiah 60 years, No3, Professor’s Quarters, Snanabharathi, Bangalore University, Bangalore—56, Petitioner 2. Mfishoka Palo. s/o late Mccli M:unirarnaiah, 42 years, No 43 ,Sanjeeapp••a Lane Bangal ore-2. (By Sri GGangireddy, Sri 99BSiddaiah and Sri ‘ISGunjal) vs I. Krishna Hurthy, s-/o late Nanjundarama s:99ty, 37 years, No23, Sanjeevappa Lane, Banga lore-2 2. Shankaranarayana Setty A’ L s7o te Lakshminarayana Setty, No6, Bakshi Gulanri M•ohidin Saheb, Hekhri Cros.s Road, Bangalorer2 Respondents (B Sri A S Bopanna for P Sri BB. Mandappa for R2:) This revIsion petition is filed under Section 50 of the Karnataka Rent Control Act against the order dated 52A994 passed in NRC NoS37/92 on the file of the Chief Judge of Small Causes, Bangalore. This revision petition coming on for -hearing this day, the court made the following: ORDER Petitioners herein who were brothers filed an evIction petition against the respondents—tenants herein on the ground that the premIses in 0ccupation of them namely a shop having a dimension of 8’ x 16’ situate at No53, Sanjeevappa Lane, Avenue Road Cross, Bangalore—2. is required for the purpose of running a consultancy in Engineering as Petitioner No-A at the time of filing of the petition was due to- retire shortly, This pet.ition was resIsted by the respondents• herei.n denying the requirement as neither reasonable nor bonafide, Respondents also contended th.at the first respondent was not the tenant it was only the second respondent who was the tenant. Subsequent t.o the filing of the petition the petitioners had come t4r,c possession _ of thY et ,acant tnejr bon.nies o ‘ sfl •ist edb petition. 1— shoptbv not n upii. r g Lr,e sar,e elS take, aa,,,. rhe lec.rr’ed 3 ir ue r p. c te h a t s’ Cs a a ci tie eçq, n S. tto AggTleved by the said ii Vt tie t’ias sa x n ciii •rra ST I Gangireddy, learned ccunssa appearing •or the petitioners assailed the otis. of the land tdge rt.qoidts h nrdJde r v s o ‘ t I v ci 1. n is-d o h etfCo t, %tai’ a c.onuatapcj oH ice eommitt’d an ervr of iec’.rd in tninksnq that hr Detttkor.ers came i’to pos e..si.i of as’ bAtflha a e. prem:e. e te e se tt vc -list e st a Joe ‘t cn,.ala ‘nt earned t3 44 %pl A,apbal ing for t,’a aeczr.d .earnrdr nt 4-fended the odes of the irarned .u%e 1,4 4 5) Learned jLqt , ai c..’d t”n’c*”dL ,at t,,’’s.. 1 £ ,t. ft 5 ‘. .3 5 • ) 3 rn * .1* ‘e rd ofte ta ,de.ce 1’ No 1 1 -s .lth._t 14•1 S -. ‘I’ I I g 9 f ,• St S C 3 ‘ t;t V S •1 V31g 1. p • ‘S • • 1 4.,., Pr 1 sq 1. ) WI.. e e alt IPWI S S t Ii it I a .1 • 1,61 ‘I w 1 )fr St a a a 1 4 tI F is concerred no where in the evidence either the petitioner or the respondent has disclosed that such a room fell vacant. Even if available about its suitability diemsnion etc. is not given. Unless there is evidence that the landlord has come into possession of a premises subsequent to the fiiing of the eviction petition which can take care of his need it cannot be said that coming inc possesai.on of a premises... wili automaticaliy defeat his requirement. There is no evidence whats.oever to show that the premises in occupation of Rasool Khan. was suitabie in any way to start the consultancy offic.e. Thi.s vital aspect has been totally lost sight of by the l.earned Judge, the learned Judge proceeds to say a premises occupied by Rascol Khan feii vacant a.nd the petitioner having not occupie& his bonafides are defeated. Therefore.: th.e. findi.ng of the learnec! Judge cannot be austained. in so far as the comparative hardship is concerned the t.enant is..... a man of: affo:rdable means who is having his own pre.:mises. 400 ya.rds away from the premises and t. he pet it. i.c.•r.srs have no other other than the schedule premises hi 1 $0 e p e 1. • S r 4 0 $ I’ I. Vt 4, 9 .1 e a I 0 a k (S .1 C ‘V aS. • • t• e%q * * 11 1 0 e 4. a ‘p 4 I “4 0 ‘V I N S I I’ “p 3 1’ ‘p 1 S C - I g I fr 0 I •‘l .1 1 * •1 £ S t I. , t 3 t C ,- a