ANJUMAN E ISLAM Vs. GANAPATLAL SHIVALAL JAMADAR

JUDGEMENT

(1.) This is a revision petition under Sec.50 of the Mysore Rent Control Act, 1961, (which I will call the Mysore Act').

(2.) A shop premises bearing CTS.No.3358 in Hubli Town, owned by the petitioner Trust was leased in favour of the first respondent Ganapatlal on a monthly rent of Rs.25. He had a book stall in the said premises. He transferred his entire interests in the lease-hold premises together with the business and the stock in trade and goodwill thereof in favour of Gangadar, the second respondent as per Ext.30 dt.9-12-1962. The petitioner filed an application for an order of eviction of the tenant on the ground that he has sublet the premises in favour of the second respondent. The second respondent admitted the transfer but contended that it was valid under the notification No.5975|33 dt.21-9-1948 issued by the erstwhile Government of Bombay under the provisions of the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947 (shortly called the Bombay Rent Act).

(3.) The learned Munsiff held that the said notificatibn ceased to be operative after the repeal of the Bombay Rent Act by the Mysore Act and passed the order of eviction of the respondents. On appeal, the learned District Judge, Dharwar held that the said notification was saved by the Mysore Act and continues to be in force. On this finding, he allowed the appeal preferred by Gangadhar; dismissing the application for eviction. Hence the revision petiton by the landlord.