Case Note & Summary
The case involves three revision petitions filed by landlords against a common order of the V Additional District and Sessions Judge, Shivamogga (Sitting at Sagar), dated 07.03.2019, allowing the tenants' appeals and setting aside the Trial Court's order dated 24.09.2018 which had dismissed the landlords' eviction petitions under Section 27(2)(r) of the Karnataka Rent Act, 1999. The landlords, who are owners of a shop premises in Sagar Town, sought eviction of the tenant, who had been in occupation for over 30 years, on the ground of bonafide requirement for own use and occupation to start a cloth business. The Trial Court dismissed the petitions, finding that the landlords failed to prove bonafide requirement. The Appellate Court reversed this decision. The High Court, in revision under Section 115 CPC, examined the concurrent findings of fact and held that the Appellate Court had erred in reversing the Trial Court's order without proper justification. The High Court noted that the landlords' claim of bonafide requirement was not genuine as the need was for a different business and not for the landlord's own occupation. The High Court set aside the Appellate Order and restored the Trial Court's order, thereby dismissing the eviction petitions. The court emphasized that the scope of revision is limited and that the Appellate Court had exceeded its jurisdiction by interfering with the Trial Court's findings of fact.
Headnote
A) Rent Control - Bonafide Requirement - Section 27(2)(r) Karnataka Rent Act, 1999 - Eviction - Landlords sought eviction of tenant for own use and occupation to start a cloth business - Tenant was in occupation for over 30 years - Trial Court dismissed the petition, Appellate Court allowed it - High Court set aside the Appellate Order and restored Trial Court's order - Held that the landlords failed to prove bonafide requirement as the need was for a different business and not for the landlord's own occupation (Paras 1-10).
Issue of Consideration
Whether the landlords have established bonafide requirement for own use and occupation under Section 27(2)(r) of the Karnataka Rent Act, 1999, to seek eviction of the tenant.
Final Decision
The High Court allowed the revision petitions, set aside the Appellate Court order dated 07.03.2019, and restored the Trial Court order dated 24.09.2018 dismissing the eviction petitions.
Law Points
- Bonafide requirement
- Own use and occupation
- Section 27(2)(r) Karnataka Rent Act
- 1999
- Revision under Section 115 CPC
- Scope of revision
- Concurrent findings of fact
