M.M. Punchhi and; K.T. Thomas, JJ.
1. Leave granted. Heard learned counsel at length.
2. The High Court of Karnataka upheld partial eviction of the tenant-respondent, preserving the truncated tenancy to a room, left with him. There were two grounds for eviction, (i) for personal necessity and (ii) sub-letting or otherwise transferring whole or part of interest in the tenancy. The admitted facts are that the tenant had obtained the lease of the premises in writing, ex facie singularly. The defence put up in the eviction petition was that the need of the landlord was not bona fide and that as per terms of the deed, the lease had been obtained for members of his family, which included his brother. The ground of bona fide requirement was satisfied by the courts below by ordering partial eviction. The ground of sub-letting or otherwise transferring interest in the premises was however repelled. The point thus for consideration is whether the brother of the tenant-respondent was by himself a tenant allegedly being a member of the family of the respondent.
3. It is not disputed that the tenant under the Karnataka Rent Control Act, 1961 can be a person as also a family. Under Section 3(ff) of the said Act the word “family” has been defined in relation to a person to mean the wife or husband of such person and his or her dependant children. The brother nowhere figures in such definition. Had the tenant-respondent been living in the premises and his brother was living with him permissibly, then one could perhaps rule out a case of sub-letting or otherwise as transfer of interest. But, when the tenant-respondent himself had vacated the premises and had gone to live elsewhere, it does not lie in his mouth to say that in leaving his brother behind in the tenanted premises, he has left behind a member of his family, unless, of course, he could have successfully pleaded that the tenancy at the inception was obtained by a joint family of which the brother was a member. This plea, even though raised, has not been accepted by the courts below. The very act of the tenant-respondent of vacating the premises shows that he had abandoned his interest in the tenancy in favour of his brother and in the eye of law effecting a transfer, if not sub-letting. But, sub-letting it would be even on these facts and circumstances because the tenant-respondent has abandoned his possessory interest in the demised premises. Thus, the view of the High Court on that score needs upsetting which we hereby do, by allowing this appeal. The landlord-appellant gets an order of ejectment against both the brothers, the respondents herein.
4. A prayer has been made on behalf of the respondents for grant of some time to vacate the premises. They have offered to do so on or before 31-12-1997. Learned counsel for the landlord-appellant is willing to give them this measure (sic much) time subject to the respondents executing the usual undertaking before the Registry within six weeks. Let that be done within the time allotted, failing which they be required to hand over possession of the premises to the appellant forthwith. No costs.