M ABDUL JABBAR Vs. SAIRA KHATOON

JUDGEMENT

(1.) This writ petition is directed against the order passed by the Rent Controller purporting to be under S. 31C read with Clause (a) to sub-section (1) of S. 31A of the Karnataka Rent Control Act, 1961, (hereinafter referred to as 'the Act'), on 11-8-77.

(2.) The relevant facts are these: The landlady Saira Khatoon (respondent-1) inducted the present writ- petitioner into the suit premises many years before and, when S. 31A to 31D was introduced under Part V-A of the Act in the year 1976, both the landlady, and the tenant applied for regularising the tenancy. At the same time, the landlady averred that the tenant was in possession of a residential house of his own in the name of his wife. Hence, she requested that he shall be directed to vacate the house within one year as contemplated under Clause (a) to sub-sec. (1) of S. 31A of the Act. The Rent Controller, by his order, has stated that the tenancy of the tenant cannot be regularised under S. 31C of the Act as he is found to be possessing a residential house in the name of his wife and, in that view, he exempted the landlady from any penal consequences and regularised the tenancy to that extent but directed the tenant, (the present writ petitioner), under Clause (a) to sub-section (1) of S. 31A of the Act, to vacate the premises as agreed by him within three months, by his order dated 11-8-1977, a copy of which is produced at Ex-A.

(3.) It appears that the said order was confirmed by the appellate authority on 7-8-1978 (Vide: Exhibit- B) . Aggrieved by the orders, the present writ petition is filed by the tenant praying that the said orders be quashed and further praying for direction to the Rent Controller to regularise the tenancy.