KRAMA RAO MANAY Vs. R AMUNDKUR AND

JUDGEMENT

(1.) Vires of Rule 4(a) of the Rules framed under Sec 25 of the Mysore House Rent and Accommodation Control Act, 1951(Mysore Act No. XXX of 1951)(which shall be hereinafter called the ''Act") comes up consideration in this revision petition.

(2.) The relevant facts are as follows: The petitioner is the landlord in respect of House No. 3, Malton Road, Civil Station, Bangalore; the said premises fell vacant sometime in January 1960; the petitioner reported that vacancy to the Rent controller (who shall be hereinafter called "controller") on 16-1-1960; the Controller intimated that vacancy to the deputy Commissioner at Bangalore who wrote back to the Controller asking him to allot that house to respondent 1(who shall be hereinafter referred to as respondent) who belongs to the Indian Police Service and at present serving in the Department of Efficiency Audit, Bangalore; in compliance with this intimation, the controller allotted the premises in question to the respondent; the allotment in question was unsuccessfully challenged by the petitioner in H. R. C. Appeal No. 10 of 1060 in the Court of the District Judge, Civil Station, Bangalore. Aggrieved by the orders of the Tribunals below, the petitioner ahs come up in revision to this Court.

(3.) Before proceeding to examine the contentions advanced in this Court, it is necessary to state one more fact. The respondent had also applied to the Controller for the allotment of the premises in question to him. His application was not considered on its merits as the Controller thought that he was bound by the recommendation of the Deputy Commissioner. (His Lordship disposed of a few subsidiary contentions raised at the Bar (Paras 4 to 7) and continued,)