MAHANTAPPA GURAPPA Vs. JAYANTHI STORES

JUDGEMENT

(1.) In this revision petition, the petitioner who is defendant No. 1 has challenged the order dated 19-4-1980 of the Principal Civil Judge, Hubli, in M.A. No. 5 of 1980 affirming the order dated 1-3-1980 of the I Addl. Munsiff, Hubli on LA. No. I in O. S. No. 18 of 1980. In the course of my order; I will refer to the parties to the position they occupy in the original suit before the trial Court.

(2.) Shop premises bearing CTS No. 186, Municipal No. 5255/1 situated in Belgaumgalli, Hubli, originally belonging 1o a joint family consisting of defendant No. 1 and his father, had been leased to defendant No. 2 some time in 1953-54 by the father of defendant No. 1. At a partition thereafter between defendant No.1 and his father, the premises fell to the share of defendant No. 1 who became its absolute owner and accordingly defendant No. 2 has recognised defendant No. 1 as his landlord.

(3.) As early as on 2-7-1969, defendant No. 1 instituted H.R.C No. 133 of 1969 in the court of the Munsiff, Hubli under S. 21(1) (b) (h) and (j) of the Karnataka Rent Control Act of 1961 (hereinafter referred to as the Act) seeking for his eviction which was resisted by him on every conceivable ground. On 31-7-1973 the III Addl. Munsiff Hubli allowed the said petition filed by defendant No. 1 granting two months' time to defendant No. 2 to vacate the premises. Against the said order of the learned Munsiff, defendant No. 2 filed an appeal in H.R.C. A No. 131 of 1973 before the District Judge Dharwar. After a series of intermediate proceedings in the said appeal before the District Court and this Court, the narration of which is not necessary for purposes of this erase, the II Additional District Judge Dharwar by his order dated 22-2-1979 dismissed the said appeal, vacating an illegal direction issued by the learned Munsiff in the matter of reconstruction of the building, granting time to defendant No. 2 to vacate the premises till 1-4-1979. Against the said orders, defendant No. 2 filed C.R.P. No. 916 of 1979 before this Court. On 4.12.1979 Bopanna, J. dismissed the said revision petition granting time to defendant No. 2 till 31-1-1980' to vacate the premises. On an application made by defendant No. 2 for extension of time Bopanna, J. by his order dated 25-1-80 granted time till 29-2-1980 finally. Against the said orders, defendant No. 2 has filed a Special leave petition with an application for stay before the Supreme Court in which defendant No. 1 has entered caveat and the said petition is still pending disposal before the said Court. But even before the application for extension of time was made before this Court and the Special Leave petition is disposed of by the Supreme Court, the present proceedings have arisen to avoid the enforcement of the eviction decree obtained by defendant No. 1 against defendant No. 2.