SHYAMARAJU HEGDE Vs. V VENKATESHA BHAT

JUDGEMENT

(1.) This appeal by special leave is directed against the order made by a learned single Judge of the Karnataka High Court in exercise of revisional jurisdiction. The High Court relied upon the ratio of its Full Bench decision in M. M. Yaragatti v. Vasant, ILR (1987) Kant 1286 and dismissed the revision petition as not maintainable.

(2.) The short question for consideration in this appeal is as to whether a revision application is maintainable under S. 115, Civil P.C. read with S. 50(1) Karnataka Rent Control Act, 1961 when a District Judge has made an order in his revisional jurisdiction under S. 50(2) of the Act. This very question had come up for consideration before a Full Bench of the Karnataka High Court in the case of Krishnaji Venkatesh Shirodkar v. Gurupad Shivram Kavalekar, ILR (1978) 2 Kant 1585. Venkataramiah, J., as he then was, speaking for the Full Bench held:-

(3.) As we have mentioned earlier the learned single Judge has relied upon a later Full Bench decision of the High Court in the case of M. M. Yaragatti (supra). Two questions had been referred to the Full Bench for opinion, namely,-