S. VENKATESH PRABHU Vs. K. THEJAPPA SHETTY

JUDGEMENT

(1.) During the pendency of eviction proceedings at the stage of revision before the District Judge, the landlord demolished the premises owned by him (shop premises) resulting in rendering the premises occupied by another, untenantable. The complaint is: the roof of the demolished shop having been demolished now the water during rains will enter the premises occupied by the tenant. He therefore moved the District Judge by an application under Sec. 151 of C.P.C. for appropriate directions to the landlord to carry out the repairs so that the building is tenantable. The learned District Judge has rejected that prayer on the ground that is a matter which has to be attended to by the 'Court' under Sec. 44 of the K.R.C. Act, if the tenant moves the 'Court'.

(2.) Having regard to the specific provision made under Sec. 44 of the Act, the learned District Judge has taken the correct view of the law. Therefore, there is no error of jurisdiction or illegality in the order under revision hereunder Sec. 115 C.P.C. Petition is liable to be rejected and it is so rejected.

(3.) But the tenant is not precluded by this order from moving the appropriate Court for relief under Sec. 44 of the Act, with such details as are required for a proper adjudication. Revision dismissed.