B BASKAR HEGDE Vs. KALLAPPA LINGAPPA SHIGGAON

JUDGEMENT

(1.) WRIT petition under Article 227 of the Constitution of India is directed against the proceedings for implementation of an eviction order dated 3-1-1989 in HRC No. 160 of 1984 passed by the court of the Prl. Munsiff at Hubli.

(2.) THE eviction order passed under the provisions of the Karnataka Rent Control Act, 1961 (for short, '1961 Act') was in terms of the provisions of Section 21 (1) (c), (d) and (o) of 1961 Act. That order had been challenged by the tenant and came to be affirmed in Rent Revision Petition no. 28 of 1989 on the file of the District Judge at Dharwad in terms of the order dated 21-12-1996 and a further revision by the aggrieved tenant to this Court in H. R. R. P. No. 177 of 1997 also came to be dismissed in terms of the order dated 13-6-2001. However, during the course of the proceedings before this Court in H. R. R. P. No. 177 of 1997, submission of the learned Counsel for the landlord was that the examination of the eviction order can be confined to eviction under Section 21 (1) (c) of 1961 Act and the ultimate result was that the eviction order was confirmed only under the provisions of Section 21 (1) (c) of the 1961 Act. It is this order which was sought to be enforced by the landlord by filing Execution Case No. 77 of 2004 before the Court of the Prl. Civil Judge (Junior Division) at Hubli. It is in this proceeding that further disputes have arisen and the said proceeding continues to provide further cause for the parties to remain in litigation.

(3.) AN eviction proceeding initiated in the year 1984 refuses to see its culmination as the landlord complained before the executing Court that he had not been given possession of the entire premises in terms of the eviction order; that the tenant continued to squat on some portions and it is for realization of possession of this portion also that the landlord had filed I. A. No. VI before the executing Court.