P VENKATESHVARULU Vs. DEPUTY COMMISSIONER BANGALORE DISTRICT

JUDGEMENT

(1.) This Writ Appeal is preferred against the order dated 2nd February 1990 passed in W.P.No 12184/1989. The Appellant was the petitioner in the writ petition. He is in occupation of the premises bearing No. 757 situated at 28th Main, III Phase. J.P. Nagar, Bangalore. The 3rd respondent is the owner of the premises.

(2.) A proceeding under Section10A of the Karnataka Rent Control Act (hereinafter referred to as the 'Rent Control Act') was intiated against the appellant-petitioner on the ground that he had occupied the premises in question which was governed by the provisions of the Rent Control Act without an order of allotment, therefore, his occupation was illegal, hence he was liable to be evicted under Section 10A of the Rent Control Act The defence of the appellant-petitioner was that the building was not five years old on the date he occupied the premises, therefore, the provisions of Parts II and 111 of the Rent Control Act were not attracted to the premises.

(3.) It is not in dispute that thepetitioner occupied the premises in question on 12-11-1981. The rent Controller as well as the Appellate Authority i.e., the Deputy Commissioner, have held that the building was completed on 1 10.1976 es par the completion report submitted by the owner of the building to the Bangalore Development Authority. Therefore they have negatived the contention of the petitioner and have ordered for eviction of the petitioner under Sec. 10A of the Rent Control Act. The learned Single Judge also has held thus;