(1.) This Civil Revision Petition is preferred by the tenant challenging the correctness and legality of the order passed by the trial Court rejecting her petition under Section 43 of the Karnataka Rent Control Act, 1961 (the Act).
(2.) The jural relationship between the parties is not disputed. The grievance of the tenant in her petition was that she is being physically prevented by the respondent and another tenant of the adjoining premises, from using the latrine and bathroom since 29-9-1981. They have done so. with the object of forcing her to vacate the premises which is in her occupation.
(3.) The respondent-landlord resisted the petition on the ground that the bathroom and latrine is not a part of the premises let out to the tenant. As such, her petition under Section 43 of the Act is not maintainable in law. The trial Court has considered the question of maintainability as a preliminary issue and held that the petition is not maintainable in law and hence, rejected the same in limine.