GIRIDHAR B S Vs. P V SHETTY

JUDGEMENT

(1.) This revision petition has come up before us, on a reference by Sabhahit, J. vide order dated 10.4.1984; as in his Lordship's view, the decision of the Division Bench in Raghunandan Prasad Garg v. D. Sree Ramsetty & others (1974(2) Kar.L.J. 224), to the extent it excludes the 'tenant' as defined in the Karnataka Rent Control Act, by interpreting Section 31 therein, requires reconsideration in the light of the law laid down in Mani Subrat Jain v. Raja Ram Vohra (AIR 1980 SC 299).

(2.) The facts of the case are precisely narrated in the order of reference; to the extent they are relevant to our purpose, we summarise them as follows:- Revision petitioner is the owner of non-residential premises, bearing No. 23, J.C. Road, Bangalore. Petitioner's father, during the petitioner's minority, leased it to respondent, by executing a registered lease deed dated 10.9.1973, for a period of five years from 1.1.1973; so it expired on 1.1.1978. On 6.3.1978, the owner issued a notice, calling upon the tenant, to vacate the premises and deliver the same to the landlord. The landlord has not accepted the rents, subsequent to 1.1.1978. The agreed rent is Rs, 650/- per month. Since the tenant did not vacate the premises, the landlord filed a suit in O.S. 762 of 1978 (subsequently renumbered as O.S. 3758 of 1980); we are told that the proceedings in the said suit, are stayed by the Supreme Court, awaiting decision in this civil revision petition. The suit was filed on 16.8.1978; before that i.e. on 13.4.1978, the tenant filed an application for fixation of 'fair rent', in HRC. NFR No. 18 of 1978. The Rent Controller has fixed the fair rent at Rs. 350/- per month.

(3.) This revision is by the landlord against the order of fixation of fair rent at Rs. 350/- per month as against the agreed rent of Rs. 650/- per month.