UNION OF INDIA Vs. T R RAO

JUDGEMENT

(1.) These three revision petitions under S.50 of the Mysore Rent Control Act, 1961 (hereinafter referred to as the Act), are by the Defence Authorities. They had taken on lease three residential houses in Bangalore for residence of personnel of the Military Engineers Service Organisation of the Defence Department (hereinafter referred to as the MES.). On the application made by the respective landlords, under S.21(1)(h) of the Act, for recovery of possession of the respective premises for their (the landlords) bona fide occupation, decrees for eviction were passed. The appeals by the Defence Authorities were dismissed by the District Judge. They have now come up in revision.

(2.) Though the Defence Authorities resisted landlords' applications on several grounds, the main ground urged on their behalf in these revision petitions, was that by virtue of the notification dt. 12-9-1952 issued by the Rajapramukh of Mysore exempting all houses taken on lease by the Military Engineers Service Organisation of the Defence Department of the Government of India, from the provisions of sub-sec. (3) of S.8 of the Mysore House Rent and Accommodation Control Act, 1951 (hereinafter referred to as the old Act), applications for eviction of tenants for bonafide personal occupation of landlords, are not maintainable in respect of such houses, even under the provisions of the present Act.

(3.) It may fee stated that the above ground was not taken by the Defence Auhorities in any of these three cases in the trial Courts. This contention was taken up for the first time before the District Judge in only two of the cases. However, I have permitted this contention to be raised in all these petitions, as it goes to the root of the matter. As the question whether the exemption granted under the aforesaid notification issued under the old Act, continues to operate even under the present Act also, is an important question, a notice was issued in one of the petitions, to the Advocate-general. The learned Additional Government Advocate entered appearance on behalf of the Advocate General and addressed arguments.