K R DHANANJAYA Vs. K S KUMARAN

JUDGEMENT

(1.) This petition under Art.227 is a sequal to the decision of this Court in WP.2103 of 1974.

(2.) The events leading upto the petition are these: Premises bearing No.12(old 1/A), IV Main Road, Kumara Park West, Bangalore, is residential premises of which K.S.Kumaran-respondent 1 is the owner. When it became vacant, the owner sought permission from the Rent Controller to effect certain repairs. The Controller granted the permission with a direction to complte the repairs before the end of April, 1974. The repairs, for want of finance, could not be completed before the specified time. The owner entered into an agreement with one Dr. (Mrs) Anasuya, Asst Surgeon, ESI Dispensary, Bangalore, as per the terms of which the Doctor has undertaken to effect necessary repairs at her costs and in consideration of which the owner agreed to mortgage the premises in her favour.

(3.) On 30th April, 1974, the owner made an application before the Rent Controller staging that the repairs were yet to be completed, and the premises might no,t be allotted to anybody else, except to the Doctor who would occupy the premises after necessary repairs. His application was also followed by a similar intimation by the Doctor informing the Controller that the premises might be alotted in her favour. But the Rent Controller refused to take notice of those intimations, He by his ordetr dj .1st May, 1974 directed that the premises should be notified suo motu for allottment and fixed the date for receipt of the applications by 8th May, 1974, and the date of hearing on 17th May, 1974.