H SESHADRI Vs. K R NATARAJAN

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against a judgment and order dated 28-9-2001 of the High Court of Karnataka in HRRP No. 783/99 whereby and whereunder a revision petition filed by the respondent No. 1 herein purported to be under Section 50(1) of the Karnataka Rent Control Act read with Section 18 of the Karnataka Small Causes Court Act questioning an order dated 10-6-1999 passed in miscellaneous petition No. 257/96 by the Small Causes Judge, Bangalore allowing the petition filed by the appellant herein under Order XXI, Rules 99 and 100 of the Code of Civil Procedure was set aside. The fact of the matter is as under : The appellant is said to have entered into a lease agreement with the father of the first respondent in respect of the premises described in the Schedule of the original application which comprises of one shop in a portion of the residential building bearing No. 297, 11th Cross, Wilson Garden. Bangalore. The appellant is said to have been running a tailoring shop in the said premises under the name and style Rajalakshmi Tailoring Hall. According to the appellant, the residential portion of the said building was in occupation of the second respondent. An eviction petition marked as HRC No. 2463/90 was filed by the first respondent against the second respondent in respect of the residential portion of the premises pursuant whereto and in furtherance whereof a decree for eviction was passed on the consent of the respondent No. 2.

(3.) While purporting to evict the respondent No. 2 in execution of the said decree; allegedly the appellant was also evicted.