S R APPU RAO Vs. PADAMAWATHAMMA

JUDGEMENT

(1.) THIS petition under Section 115 of the CPC is preferred by the tenant being aggrieved by the order dated 4th december, 2000 passed by the court below declining to entertain the revision petition filed against the order dated 10-8-2000 passed by the principal civil judge (junior division), hassan in h. r. c. No. 10 of 1993.

(2.) BRIEFLY stated, the facts are these: respondent-landlady filed the eviction petition under Section 21 (1) (a), (h) and (c) of the Karnataka Rent Control Act, 1961 ('the act' for short) before the h. r. c. Court. The h. r. c. Court after hearing, allowed the petition under clauses (a) and (c) of sub-section (1) of Section 21 of the act. Being aggrieved, by the said order of eviction the petitioner-tenant preferred revision before the court below challenging the eviction order. In revision, the respondent-landlady filed an application under Section 29 (1) of the act before the court below praying for stopping of the further proceedings. The court below framed an issue on the maintainability of the revision petition. After hearing the parties on the said application, the question was answered in the affirmative and in favour of the landlord holding that the revision was not maintainable for non-compliance of Section 29 (1) of the act. Being aggrieved by the said Order, the present revision is filed.

(3.) I have heard the learned counsels on both sides.