A M ABDUL RAHMAN Vs. V JAYARAM

JUDGEMENT

(1.) This is a transfer petition filed under Section 24 C.P.C. by the first respondent in H.R.C.No. 10842/83 on the file of the 4th Additional Judge, Court of Small Causes, Mayohall, Bangalore (hereinafter referred to as 'the trial Judge') praying for withdrawal of the said case from the file of the trial Judge and transfer of the same to any other Court of Small Causes in Bangalore City for trial and disposal in the interest of justice and equity. The ground on which the petitioner has sought transfer of the said case is that the learned trial Judge is biased against him and he has got a reasonable apprehension that he may not get justice at the hands of the learned trial Judge if the said case were to be tried and disposed of by him as he is doing business in the shop from which his eviction is sought by deceased - first respondent V. Jayaram and his brother second respondent V. Shanmugam by investing all his money in his business and he is entirely depending upon the said business for his livelihood.

(2.) Legal Representatives (a) to (f) of deceased first respondent and the second respondent have opposed the said prayer of the petitioner. Third respondent Moosa is only a formal respondent as he is a co-respondent along with the petitioner in the trial Court.

(3.) Remarks of the learned trial Judge in respect of the allegations of bias made against him by the petitioner in paragraph-5 of the petition were called for. Accordingly, the learned trial Judge has narrated in his 12 page letter of remarks dated 18-6-1990 the manner and method adopted by the petitioner and the third respondent herein for delaying the conclusion of the trial of the 7 year old eviction petition pending on his file and has stated in the concluding portion of his letter that the allegations of bias made against him are far from truth and has added that in view of the allegations of bias made against him, the case may kindly be transferred to any other Court.