Y ABDULLA KUNHI Vs. B IBRAHIM

JUDGEMENT

(1.) WRIT petition is by the eviction petitioners in HRC proceedings No. 31 of 2004 before the Court of the II Additional Civil Judge (Junior division), Dakshina Kannada, who had instituted the eviction proceedings as against the respondent under Section 27 (2) (a), (d), (i), (j)and (r) read with Section 37 of the Karnataka Rent Act, 1999 (for short, 'the Act') and who is now aggrieved by the order dated 5-10-2004 passed in Rent Revision No. 49 of 2004 on the file of the Principal District judge, Dakshina Kannada, Mangalore.

(2.) UNDER the impugned order, the learned Principal District Judge exercising his revisional jurisdiction under Section 46 (2) of the kamataka Rent Act, 1999 has revised and set aside the order dated 16-9-2004 which had been passed by the HRC Court on I. A. No. II in the pending HRC case rejecting the application that had been filed by the tenant under Section 43 of the Act for stopping the proceedings before the HRC Court and referring the disputed aspect of the existence of relationship of landlord and tenant as between the petitioners and the tenants in the HRC case to a Civil Court.

(3.) WHILE the Trial Court was of the view that there existed such relationship having regard to the material that had been placed by the parties before the Court, particularly, certain proceedings that had taken place as between the very parties earlier and had rejected the application for stopping the proceedings and referring the disputed aspects for determination by the Civil Court, the learned Judge of the revisional Court has under the impugned order is of the view that there does exist such dispute, particularly, in the light of the provisions of section 43 of the Act and has allowed the petitioner as well as the application and directed the proceedings before the Trial Court to be stopped and the parties to approach a Competent Court of civil jurisdiction for declaration of their rights.