T R ANJANAPPA Vs. L P JACOB

JUDGEMENT

(1.) The respondent-plaintiff instituted before the Court of City Civil Judge, Bangalore City-'trial Court'-a suit for recovery of possession of his building situated in Kengeri village on the outskirts of Bangalore City, from his tenant the petitioner- defendant. The petitioner, who filed a written statement in answer to the claim in the suit, raised an objection that the provisions of the Karnataka Rent Control Act, 1961 (hereinafter referred to as 'the Act'), since applied to the building, the recovery of possession of which was sought, only a petition for eviction under that Act would lie and not an original suit as brought. Consequently, an issue "whether the Karnataka Rent Control Act is applicable to the suit property" came to be raised in the suit. The trial Court tried that issue as a preliminary issue and answered it in the negative.

(2.) Sri Chandrashekharaiah, learned counsel for the petitioner contends that the trial Court was in error in recording a finding in the negative on the preliminary issue as to the maintainability of the suit. According to him, amended S. 3 (d) (i) of the Act attracts the application of Part V of the Act to Kengeri village and hence no original suit for recovery of possession of the building within the area of Kengeri village, would lie.

(3.) Before dealing with the contention, it would be advantageous to state what is contained in Part V of the Act and how the provisions therein are attracted areawise.