M A HAFEEZ Vs. D ASEERVADAM

JUDGEMENT

(1.) Petitioner Hafeez is in occupation of the premises in question as a tenant under respondent, Mrs. Aseervadam. She, seeking possession of the premises, took steps under the Karnataka Rent Control Act, 1961 (the Act) in HRC No. 6818 of 1980 on the file of the VII Addl. Small Causes Judge, Civil Stn., Bangalore. During the pendency of that proceeding, on the ground that Hafeez had not complied with the directions given by the Court earlier to pay arrears of rent, he was directed, by its order dated 25 1-1982, to vacate and hand over vacant possession of the premises to Mrs. Aseervadam. Hafeez's revision is directed against that order.

(2.) The impugned order purports to be an order under sub sec. (4) of S. 29 of the Act. In making this order the learned Judge proceeded mainly, relying on an order passed by this Court in CRP No. 3717 of 1980. According to him that in view of that order he had no other option but to direct the tenant to vacate the premises.

(3.) To understand the implications of that order in CRP No. 3717-of 1980, it may be necessary to note the facts that had led Hafeez to prefer that revision. That revision was directed against an earlier order dated 31-10-1980 passed by the Court below on IA I in this very proceeding directing Hafeez to pay to Mis. Aseervadam balance of arrears of rent of Rs. 2,250 within one month from the date of that order. The operative portion of that order which purported to be one under S. 29(4) read as follows :-