LAWS(KAR)-1972-10-22

BASAVANNAPPA KOTRAPPA HUBLI Vs. KRISHNA TRADING CO

Decided On October 10, 1972
BASAVANNAPPA KOTRAPPA HUBLI Appellant
V/S
SHRI KRISHNA TRADING CO. Respondents

JUDGEMENT

(1.) This revision petition is filed under S.50 of the Mysore Rent Control Act, 1961 (hereinafter referred to as the Act) against the order dated 13-9-1972 passed by the Principal Munsiff, Gadag, in HRC. No.28 of 72 on IA. No.I filed by the respondent under S.43(3) of the Act. The respondent in that application has prayed for an interim order directing the petitioners, who are opponents Nos. 1 and 2 in the lower Court, to restore the ameinity, namely the supply of electric power and light. That application was allowed. Hence, the petitioners have challenged that order in this revision petition.

(2.) According to the case of the respondent, he is a tenant running a flour mill under the name and style of 'Shri Krishna Trading Co., Gadag' in the premises belonging to the first petitioner having taken the same on a yearly rent of Rs.650. The second petitioner is a firm which supplies electric power. According to him the first petitioner in collusion with the second petitioner, cut oft the supply of electric power to the respondent's premises suddenly with a view to compel the respondent to vacate the premises belonging to the petitioner.

(3.) The lower Court issued notices to the present petitioners. The first petitioner denied that the respondent was a tenant of the suit premises and alleged that the second petitioner has cut off the supply of electric power according to law and at the request of the first petitioner. The second petitioner in his statement of objections contended that there was no privity of contract between the respondent and the second petitioner and that the supply of electric power was discontinued at the request of the first petitioner who was the registered consumer.