LAWS(KAR)-2005-7-27

BANSILAL Vs. N C NAGARAJ

Decided On July 22, 2005
BANSILAL Appellant
V/S
N.C.NAGARAJ Respondents

JUDGEMENT

(1.) IN all these writ petitions, except in Writ Petition No. 37436 of 2003, petitioners are all tenants in the premises located in different places wherein the provisions of the Karnataka Rent Control Act, 1961 (hereinafter referred to as '1961 Act' for short) was applicable and the respective landlords had initiated proceedings under this Act for eviction of these tenants invoking the different provisos to Section 21 (1) of the 1961 Act.

(2.) THE eviction petitions had been allowed even if not on all the grounds urged by the landlords, but at least on some of the grounds. The result was that the tenants were ordered to be evicted. Such tenants being aggrieved by the eviction orders, had preferred revision petitions under Section 50 of the 1961 Act to the respective revisional Courts having jurisdiction.

(3.) IN Writ Petition No. 37436 of 2003, the landlord also had preferred a revision petition, though had obtained an order of eviction at the hands of the Trial Court under the provisions of clauses (a) and (p) of the proviso to Section 21 (1) of the 1961 Act, but as the petition had been rejected under proviso to Section 21 (1) (h) of the 1961 Act on the ground of bona fide requirement of the landlord. The revision petitions of the tenant and the landlord which were pending before the Principal district Judge, Mysore, in Rent Revision Nos. 107 and 121 of 2001 respectively were disposed of in terms of common order dated 30-7-2002 holding that both the revision petitions initiated under Section 50 of the 1961 Act stood abated as on 31-12-2001 and there is no occasion for the court to pass any further orders on an application which had been filed therein.