CHANDRANATH Vs. BASAVVA AND ORS.

JUDGEMENT

(1.) Aggrieved by the order dated 29/11/2008 passed by the Additional District and Sessions Judge, Dharwad, sitting at Hubli, whereby the learned Judge has allowed the rent revision petition filed by Smt. Basavva Shellikeri, and others (the respondents before this Court) and has directed the petitioner-landlord to handover the possession of the schedule property to the respondent-tenants, the petitioner has approached this Court.

(2.) Briefly, the facts of the case are that the respondent Smt.Basavva Shellikeri and her family members were the petitioner's tenants. The petitioner had filed a suit for eviction against the respondents under Section 21(1)(a) and (j) of the Karnataka Rent Control Act, 1961 ('the Act' for short), before the Principal Civil Judge Court (Junior Division), Hubli, for eviction of the respondents. The said suit was decreed by the judgement and decree dated 8/2/2001; the respondents were granted six months time to vacate the suit property; the petitioner was directed to carry out the construction immediately after the possession was delivered to him and to complete the said construction within a period of one year; he was further directed to handover the possession of the premises back to the respondent-tenants under Sections 27 and 28 of the Karnataka Rent Control Act, 1961.

(3.) Despite the fact that there was a clear cut direction by the learned trial Court to the respondent-tenants that they should handover the possession of the property to the petitioner, despite the fact that the said judgement and decree also directed the petitioner to handover the possession to the respondent-tenants, after raising the construction, still the respondent-tenants were aggrieved by the said judgement and decree. Therefore, they filed a revision petition before the Additional District and Sessions Judge, Dharwad, sitting at Hubli. However, the said revision petition was dismissed by the learned Judge.