KILLICK INDUSTRIES LTD Vs. THIMMAIAH RAMACHANDRAN

JUDGEMENT

(1.) even though the matter is listed for admission by the consent of counsel heard the matter on merits.

(2.) the short question that arises for consideration is whether the trial court was justified in dismissing la. Ii filed by the tenant under order 7, rule ll(d) read with section 151 of Code of Civil Procedure in h.r.c. proceedings initiated by landlord under clauses (h) and (p) of the proviso to sub-section (1) of section 21 of the Karnataka Rent Control Act, 1961 (hereinafter referred to as 'the act').

(3.) few facts for appreciation of the contentions advanced are that M/s. Killick Industries Ltd., duly registered company under the indian companies act was inducted as a tenant in respect of the petition schedule premises on a monthly rental of Rs. 650a by one thimmaiah ramachandran, terms and conditions of lease being embodied under a registered document. The period of lease was for fifteen years commencing from 1-6-1968, coupled with a renewable clause. The relevant clauses are: