M KRISHNAIAH SHETTY Vs. S S ANGADI

JUDGEMENT

(1.) THESE two revision petitions under Section 50 (1) of the Karnataka Rent Control Act, 1961 (the old Act for short), one by the owner and the other by the tenant, are directed against the Order dated 18-12-1999 passed in HRC No. 333/89 on the file of the II Adl. Small Causes Judge, Bangalore allowing the petition filed under Section 21 (1) (h) of the old Act dismissing the petition filed under Section 21 (1) (a) of the old Act.

(2.) THIS is the second round of litigation between the parties. Earlier a petition was filed by the owner under Section 21 (1) (h) of the old Act which came to be allowed on 28-6-1984 giving the tenant two and half years time to vacate the premises. After the expiry of the said period the landlord filed an execution petition for execution of the eviction decree. The tenant also filed a misc. petition for recalling the order of eviction passed on 28-6-1984. At that stage the parties compromised by entering into a new contract of tenancy with new terms and conditions. The execution petition was closed after recording satisfaction of the eviction decree. When matters stood thus, the landlord filed the present petition in the year 1989 under Sec. 21 (1) (a) and (h) of the old Act. The court-below dismissed the petition filed under Sec. 21 (1) (a) but allowed the petition filed under clause (h ). These two revision petitions are directed against the said impugned order.

(3.) I would be referring to the parties in the course of this order as landlord and tenant for the sake of convenience.