S K GANAPATHI RAO Vs. PUTTAMMA

JUDGEMENT

(1.) This revision petition is directed against the order dt.31.3.1982 passed by the Civil Judge, Sagar, in S.C.S. No.136 of 1981, on his file, dismissing the suit of the plaintiff landlord for recovery of rent.

(2.) The two grounds on which the suit is dismissed are: (i) That the landlord has filed an eviction petition under proviso (h) to sub-sec (1) of S.21 of the Karnataka Rent Control Act, 1961, (hereinafter referred to as 'the Act), instead of under proviso (a) to sub-sec. (1) of S.21 of the Act. Therefore, the learned Civil Judge infers that there was no arrears of rent on the date of filing of the petition; and (ii) that the reason for dismissing the suit is that no notice was issued demanding arrears of rent before instituting the suit and in that view, he has dismissed the suit holding that the tenant was not in arrears of rent.

(3.) The learned counsel appearing for the respondent/defendant no doubt submitted that these questions cannot be considered in a revision petition against the order of Civil Judge.