LAWS(KAR)-1981-12-12

BABU Vs. NAWAB KHAN

Decided On December 16, 1981
BABU Appellant
V/S
NAWAB KHAN Respondents

JUDGEMENT

(1.) Respondent, Nawab Khan is the owner of a premises fully described in the interim order. The petitioner Babu is in occupation of the said premises as a monthly tenant. He is liable to pay Rs. 85 as rent per month.

(2.) Nawab Khan initiated a proceeding for recovery of possession of the premises on the ground that he bona fide and reasonably required the premises for his own use and occupation (under sub-sec. (1) of S. 21 of the Karnataka Rent Control Act, 1961 the Act) . In the said proceeding (H.R. C. No. 7053/80 (New) HRC No. 713 of 1978 (Old), the learned VII Addl. Small Causes Judge, Civil Station, Bangalore, made an interlocutory order under S. 29(4) of the Act on 1.10.81 stopping all further proceedings and directing the tenant to put the landlord in possession of the premises within one month from the date of that order. The revision petition, in question, is directed against that order.

(3.) Earlier to that order, in the very proceedings the learned Judge had made an order on 10.7.81, after hearing both sides, that the tenant was in arrears of rent to the tune of Rs. 1760 and that he should pay or deposit the same on or before 10.8.81. He can be said to have made that order under sub-sec. (3) of S. 29 of the Act.