MOHD OBEIPULLA M Vs. SPL DY COMMR BANGALORE

JUDGEMENT

(1.) In this writ petition under Art. 226 of the Constitution, the petitioner has challenged the order dated 7-3-81, of the Deputy Commissioner, Bangajore District, Bangalore, (hereinafter referred to as the DC) in case No. HRC (Civil) A 182(80-81 (Annexure-B) and the order dated 20-4-81 in Case No. HRC 676 ACC/80 of the House; Rent and Accommodation Controller, Civil Area, Bangalore (hereinafter referred to as the Controller) (Annexure-A).

(2.) Residential premises bearing No. 46 of Viviyani Road, Bangalore City, ig the subject-matter of this writ petition . Prior to 29-6-79, one Noronha was the owner of the said premises. Some time in 1964, the Controller allotted the premises to respondent No. 3 in accordance with the provisions of the Karnataka Rent Control Act, 1961, (Kar. Act No. 22 of 1961) (hereinafter referred to as the Act) on a rent pf Rs. 180 per month.

(3.) On 29-6-79, the petitioner purchased the premises from Noronha fqr valuable consideration. According to the petitioner, on the date of purchase of the premises, respondent No. 4, who is no other than the wife; of respondent No. 3 but whose relationship is not what it should be, was in occupation of the same as tenant and she has recognized him as her landlord and that during a proceeding instituted by him against her under the Act before the Civil Courf, she had also delivered possession of the premises to him.