DAKSHINA MAHARASHTRA JAIN SABHA Vs. RABIYABI

JUDGEMENT

(1.) This appeal is filed by the plaintiffs in Long Cause Suit No. 397/61 on the file of the Prl. Munsiff, Hubli. The appellants have challenged the order of remand.

(2.) This appeal is against the order in R.A: No. 6/74. The learned Civil Judge while allowing the appeal and setting aside the judgment and decree of the Court below, has remanded the suit to the trial Court with a direction to record the findings on Issues 1, 2 and 4 and dispose of the suit, as early as possible, in accordance with law.

(3.) The brief facts which need mention are as follows: The plaintiffs filed the present suit on 1.11.1961 for recovery of possession, rent and mesne profits in respect of the premises bearing Municipal Nos. 2707/1 A, 1B, 1C, 1D and 1E situated at Hubli. Before filing the suit, the plaintiffs had applied to the State Government to exempt the premises from the operation Bombay Rent Control Act under Section 4 of the Bombay Rents, Hotel and Lodging House Rates Control Act 1947 (for short 'the Bombay Act'). The State Government, by a notification dated 17.11.1959 (Ex.43) granted the said exemption; as a consequence of which, the plaintiffs instituted the present suit, in the Civil Court on 1.11.1961. It is pertinent to mention that the Bombay Act was in force till 30th December 1961 and on 31 December 1961 the Karnataka Rent Control Act 1961 (for short the Karnataka Act) came into force. Since the relief relates to the eviction of the tenants in Hubli-Dharwar Municipal Corporation area which is included in Schedules I, II and III of the Karnataka Act, in the normal course, the plaintiff should have initiated proceedings under the Karnataka Rent Control Act. However, by virtue of the exemption granted under Ex.43, the plaintiffs have instituted this Long Cause Suit.