KRISHNASWAMI APPASWAMI RAGHUVEER Vs. SIDRAMAPPA RUDRAPPA KALADGI

JUDGEMENT

(1.) This revision petition comes up before us on a reference made by Datar, J., under the proviso to Sec.8 (2) of the Mysore High Court Act, 1961. The question involved in this case turns on the interpretation of Ss.61 and 62 of the Mysore Rent Control Act, 1961 (the Act). The facts of the case, in outline are these : K. A. Raghuveer, the petitioner before us, is the owner of a site bearing CS.No.37B situate at Bagalkot. It was leased to S.R.Kaladgi, respodent 1. This respondent has sublet different portions of the site to respondents 2 and 3 who have constructed certain buildings on the site at their own cost and the petitioner admittedly has no right over these buildings.

(2.) The petitioner complaining that respondent 1 has sublet the leased premises filed a civil suit for possession before the Court of the Munsiff, Bagalkot. The suit was also based on some other grounds with which we are not concerned in this petition. The suit was filed on 16-11-1961, when the Bombay Rent Control Act, 1947, was in force. During the pendency of the suit, the Bombay Rent Control Act was repealed by the enactment of the Mysore Rent Control Act, 1961, which came into force on 31-12-1961.

(3.) The trial Court, by its judgment dt.26-11-1962, held that by virtue of S.61 of the Act, respondents 2 and 3 are protected from eviction and therefore the petitioner is not entitled to possession. It however decreed the suit for rent directing respondents 2 and 3 to pay their rents directly to the petitioner. In other words, the Court held that though respondents 2 and 3 were sub-tenants under respondent 1, they shall be deemed to be the tenants directly under the landlord.