LAWS(KAR)-1982-2-15

VENKATESHA PRABHU Vs. K THEJAPPA SHETTY

Decided On February 01, 1982
VENKATESHA PRABHU Appellant
V/S
K.THEJAPPA SHETTY Respondents

JUDGEMENT

(1.) Since common questions of law and facts are involved in these three petitions they were clubbed and heard together.

(2.) Sri Thejappa Shetty, the respon dent in these three petitions, has filed five applications all under Clause (h) of sub-section (1) of Section 21 of the Karnataka Rent Control Act, 1961 (the Act), against five of his tenants in occupation of the premises respectively mentioned in the said applications, for their eviction. The petitioners in these three petitions are respondents in three of those proceedings pending on the file of the Munsiff, Mangalore, D. K. The two petitioners in C.R.Ps. 2696 and 3063/80 respectively, and the petitioners in C.R.P.No. 3064/80 are respondents in H.R.C. Nos. 270, 269 and 267 of 1979 respectively on the file of the Munsiff.

(3.) On the ground that common questions are involved and that it would facilitate a lair trial if common evidence is recorded the landlord requested the Munsiff, to try these five proceedings after consolidating the same, These tenants, revision petitioners herein, raised objections for adopting that procedure. After hearing both the parties, by his order dated 19-8-1980. the learned Munsiff conceding the request of the landlord, directed that the aforesaid proceedings be clubbed and tried together.