SEENAPPA P. KUNDAN Vs. SRI. BALAKRISHNA ALIAS BALAKAPPA

JUDGEMENT

(1.) THE learned counsel for the petitioner submits that the Petitioner/tenant is in occupation of Hotel cum Residential premises measuring 18 ft. x 44 ft. and according to the Petitioner, the portion used by him for non -residential purpose is more than 14 Sq. meters and therefore, the provisions of Karnataka Rent Act 1999 are not applicable and therefore, the revision petition before the learned District Judge as well as before this Court abates. He further submits that in view of the ratio laid down in the Mercury Press and others v. Ameen Shacoor and Others case reported in ILR 2002 Kar 2304 : (2004 AIR Kant HCR 1794), he seeks permission to withdraw the present revision petition and file a writ petition.

(2.) THE Learned counsel for the Respondent/landlord submits that the revision petition may be disposed of giving liberty to the Petitioner/tenant to avail such course of legal remedy available in law as against the order of eviction.

(3.) THE Registry is directed to return the necessary papers to the Petitioner/tenant.