D S ASWATHANARAYANA SETTY Vs. M S JAYARAM

JUDGEMENT

(1.) this appeal by the defendant is preferred against the judgment and decree dated 30th January 1980 passed by the iind additional civil judge, Bangalore city in o.s.no. 120/1977.

(2.) the respondents are the plaintiffs 1 and 2 and they are also the land lords of the premises bearing No. 195-196 (old No. 167-168) situated in Mysore road, Bangalore city. The appellant was the statutory tenant of the premises. The respondents filed h.r.c. No. 486/1967 in the court of the principal first munsiff, Bangalore city for eviction of the appellant tenant under sac. 21(1) (a) and (h) of the Karnataka Rent Control Act, 1961 (hereinafter referred to as the 'act'). The rent of the premises was Rs. 150/- per month. The principal first munsiff, Bangalore by the order dated 19-11-1969 (ex p1) passed an order of eviction. The same was confirmed by the district judge in h b.c. appeal No. 5/1970 on 6.4.1s72 (ex p2). There was a civil revision petition No. 1326/1972 filed by the appellant-defendant against the order of the district judge confirming the order of eviction passed by the principal first munsiff, Bangalore. This court dismissed the civil revision petition on 26-6-1973 and granted six months time to the appellant-defendant to vacate the schedule premises. Pursuant to the order of eviction, the respondents obtained the possession of the schedule premises on 3-7-1979.

(3.) it was the defence of the defendant-appellant that as per the definition of the expression "tenant" contained in Section 3(r) of the Act, even after the termination of the tenancy which could be considered to have taken place only after passing an order of eviction, his continuing in possession of the premises was not unlawful inasmuch as he continued to be a tenant ; therefore he was not liable to pay the mesne profits ; that he was liable to pay the rent at the rate of Rs. 150/- per month and not the mesne profits. In this suit also the defendant set up the alleged fresh lease as set up by him in hrc misc. No. 41 of 1975.