VENUGOPAL KUBAIR Vs. S. SRINIVASAN

JUDGEMENT

(1.) AN unfortunate dispute between two respected professors of two prestigious Universities of the State, with high academic qualifications has arisen for determination in this case. All efforts made by me and their learned counsel to persuade the learned and respected professors to amicably settle their dispute did not bear fruit. With no alternative left, but with a heavy heart, I have to decide this case on merits. In order to appreciate the questions that arise for determination, it is necessary in the first instance to notice the facts of the case.

(2.) AMONG others the petitioner, a professor of Chemical Engineering in the Indian Institute of Science, Bangalore, is the owner of a residential premises, consisting of a ground floor bearing No. 81/1 and a first floor bearing No. 81/1A, situated on 4th Main Road, Malleswaram, Bangalore City.

(3.) ON or about 27.1.1981, a Revenue Inspector attached to the office of the Controller reported that the premises was vacant and proceedings for its allotment be initiated under the Act. On that information, the Controller suo motu initiated proceedings and notified the petitioner in the appropriate form who on receipt of the same appeared before the Controller and filed his objections to the effect that the premises was in mortgagee and was, therefore, not available for allotment. In that view, the Controller notified the mortgagee. On the hearing date the mortgagee appeared before the Controller and did not file any written objections before him.