H A DHARANAPPA Vs. P L KUMARASWAMY

JUDGEMENT

(1.) This is a revision petition by the landlord under S.50 of the Mysore Kent Control Act, 1961 (shortly the Act) directed against the judgment dated 29-7-1969 in HRC. Appeal No. 4 of 1968, by which the learned District Judge, Hassan, has revised the order of the Rent Controller.

(2.) The facts leading to the revision petition are these. The respondent as a tenant is in occupation of the house bearing No. 12/1 at Krishnarajapuram Extension, Hassan. The house was allotted to him by the order dated 25-6-1968 by the Rent Controller, on a vacancy report submitted by the landlord on 17-6-1968. This was necessitated consequent on the transfer of the previous tenant Shri Lingogi Rao who was a Munsiff of that place. The Rent Controller allotted the house to the respondent who was a successor-in-office, specifying the monthly rent at Rs. 100 which was the fair rent of the premises fixed by him a day earlier to it, in a proceeding to which none of the tenants was a party. The landlord filed an application for fixation of fair rent on 5-6-1968 and the order fixing the fair rent was made on 24-6-1968, mainly on the basis of the impression gained by the Rent Controller in the spot inspection of the premises. It is seen that the landlord has chosen a very convenient time for fixation of the fair rent in between the vacation of the house by the previous tenant and the occupation of the same by the respondent. The Bent Controller seemed to have obliged him by enhancing the rent from Rs.75 to 100 in a proceeding which did not even last for more than twenty days.

(3.) Immediately after the allotment of the house, the respondent preferred HRC. Appeal No.4 of 1968 under Sec.48 of the Act against the order dated 24-6-1968 fixing the fair rent for the premises. That appeal was allowed by the District Judge in the judgment dated 24-7-1969 fixing the fair rent at Rs.75. The landlord questions the legality or correctness of the judgment in this revision petition.