M V MURTHY Vs. ACCOMMODATION CONTROLLER

JUDGEMENT

(1.) This appeal is directed against the order of the learned Single Judge, dated 31st March 1983 passed in Writ Petition No.845 of 1983.

(2.) Briefly stated the facts of the case are as follows: The appellant has been in occupation of the residential building bearing No.237, 18th cross, Upper Palace Orchards, Bangalore, as a tenant on a monthly rent of Rs.2,800/-. RespondenJ-2 is a co-owner of that building. She is in occupation of another building as a tenant on allotment by the Rent Controller under the Karna- taka Rent Control Act, 1961 (hereinafter referred to as the Act). Respondent-2 made an application under Sec.21A(l)(b) of the act before the Rent Controller to recover possession of the building under the occupation of the appellant by summary eviction. The said application was contested by the appellant, inter alia, on the ground that the building in question is jointly owned by respondent-2 and her three sons and she is only a rent collector. It was urged that respondent-2 admittedly not being the absolute owner of the building in question, has no locus standi to file the petition for his eviction under Sec.21A of the Act.

(3.) The Rent Controller upon consideration of the material on record, by his order dated 21st December 1982 directed the appellant to vacate the building and deliver vacant possession thereof to respondent-2, treating her as the sole owner of the property on the basis of the transfer of katha in her name. The appellant challenged the validity of the said order of respondent-1 and sought for quashing the same by an appropriate writ. The learned Single Judge did not find any illegality or incorrectness in the order passed by the Rent Controller against the appellant and dismissed the writ petition. Being aggrieved by the said order of the learned Single Judge, the appellant has preferred this appeal.