A M MALLEGOWDA Vs. KARIYAPPA GOWDA

JUDGEMENT

(1.) THE PETITIONER IS A TENANT IN THIS CASE. THE PETITIONER FILED AN EVICTION petition IN H. R. C. NO. 170 OF 1993 ON THE FILE OF THE JUNIOR DIVISION, MYSORE, against THE PETITIONER AND SOUGHT FOR EVICTION OF THE PETITION UNDER SECTION 21 (L) (H) AND (P) OF THE ACT. OBJECTIONS WERE FILED BY THE PETITIONER DENYING relationship. THE TRIAL JUDGE ORDERED EVICTION IN TERMS OF AN ORDER DATED 27-1-1999. AGGRIEVED BY THE SAME, THE PETITIONER FILED A REVISION PETITION ON the FILE OF THE II ADDITIONAL DISTRICT JUDGE, MYSORE. DURING THE PENDENCY OF I the SAID REVISION PROCEEDINGS, THE NEW KARNATAKA RENT ACT OF 1999 WAS brougnt INTO FORCE ON 4-12-2001. IN THE LIGHT OF THIS NEW ACT, I. A. NO. II WAS filed BY THE PETITIONER TO STOP THE PROCEEDINGS. THE SAID APPLICATION STOOD rejected. THE PETITIONER AGGRIEVED BY I. A. NO. III IS BEFORE ME.

(2.) HEARD THE COUNSELS FOR THE PARTIES AND PERUSED THE IMPUGNED ORDER.

(3.) ADMITTED FACTS REVEAL OF AN ADVERSE ORDER AGAINST THE TENANT. REVISION proceedings ARE PENDING. IN THE REVISION PROCEEDINGS, THE PETITIONER-TENANT wanted STAY OF FURTHER PROCEEDINGS IN TERMS OF SECTION 43 OF THE RENT ACT OF 199 SECTION 43 OF THE NEW ACT DEALS WITH DISPUTE OF RELATIONSHIP OF LANDLORD and TENANT. SUB-SECTION (1) OF SECTION 43 PROVIDES FOR WHERE IN ANY PROCEEDINGS before THE COURT, A CONTENTION IS RAISED DENYING THE EXISTENCE OF RELATIONSHIP OF landlord AND TENANT AS BETWEEN THE PARTIES IT SHALL BE LAWFUL FOR THE COURT TO accept THE DOCUMENT OF LEASE OR WHERE THERE IS NO DOCUMENT OF LEASE, A RECEIPT of ACKNOWLEDGMENT OF PAYMENT OF RENT PURPORTED TO BE SIGNED BY THE LANDLORD A prima FACIE EVIDENCE OF RELATIONSHIP AND PROCEED TO HEAR THE CASE. SUB-SECTION (2) PROVIDES FOR WHERE. (A) THE LEASE PLEADED IS ORAL AND EITHER PARTY DENIES RELATIONSHIP, AND NO receipt OF ACKNOWLEDGMENT OF PAYMENT OF RENT AS REFERRED TO IN sub-SECTION (1) ABOVE IS PRODUCED; OR (B) IN THE OPINION OF THE COURT THERE IS REASON TO SUSPECT THE GENUINE existence OF THE DOCUMENT OF LEASE OR THE RECEIPT OR ACKNOWLEDGMENT OF-PAYMENT OF RENT, the COURT SHALL AT ONCE STOP ALL FURTHER PROCEEDINGS BEFORE IT AND DIRECT the PARTIES TO APPROACH A COMPETENT COURT OF CIVIL JURISDICTION FOR declaration OF THEIR RIGHTS.