GANESH RAO Vs. SARPHINA DSOUZA BAI

JUDGEMENT

(1.) This revision petition under S.50 of the Karnataka Rent Control Act, 1961 (hereinafter referred to as the Act), has been referred by one of us lc a Divn Bench in view of the importance of the question arising for decision, namely, whether an Addl Dist Judge has jurisdiction to hear and decide an appeal under S.48 of the Act.

(2.) The petitioner herein is a tenant. The respondent herein had made, an application under S.21 of the Act for evicting him from the petition premises. The learned Munsiff had dismissed their application. They preferred an appeal to the Disit Judge, S.Kanara, who transferred it to. the Addl Dist Judge of the Dist Court, S.Kanara. The learned Addl Dist Judge reversed the decision of the learned Munsiff and made a decree for eviction of the tenant. Feeling aggrieved by the decision of the learned Addl Dist Judge, the tenant has come up in revision.

(3.) Sri P.Ganapathy Bhat, learned Counsel for the petitioner, contended that the judgment of the learned Addl Dist Judge was void and without jurisdiction as an appeal under S.48 of the Act can be heard and decided only by the Dist Judge having jurisdiction over the area in which the petition premis is are situate and that that section does not empower an Addl Dist Judge of a Dist Court to hear and decide such appeal.