UDAYASHANKAR Vs. HOUSE RENT CONTROLLER

JUDGEMENT

(1.) These two Petitions are filed by the tenant in occupation of the premises bearing No. 15 (Model House) Jayalakshmipuram, Temple Road, Mysore. The respondent in the revision Petition is also the second respondent in the Writ Petition, and he is the landlord of the premises. He is hereinafter referred to as the respondent.

(2.) The respondent filed an application under Section 17(2) of the Karnataka Rent Control Act (hereinafter referred to as the Act) before the House Rent Controller, Mysore City praying that the dispute between him and the tenant regarding the increase of tax claimed under Section 17(1) of the Act be decided. He also filed another application under Section 21A(2) of the Act for eviction of the petitioner on the ground that he has secured an alternative suitable accommodation. The House Rent Controller has decided both the applications together by a common order dated 16th March, 1985. He has passed the following order :"( 1) A fair rent of Rs. 377.80 from 1-4-1973 to 31-3-1976 and Rs. 599/- with effect from 1-4-1976 till the date of vacation by the respondent is fixed. (2) The respondent shall vacate the house bearing No. 15 Model House, Temple Road, Jayalaxmipuram, Mysore within 30 days from the date of receipt of this order. (3) Since the respondent has violated the provisions of Section 21A(1) and (2), a fine of Rs. 1000/- is levied by exercising powers under Section 21A(3) and 51-A. The respondent shall deposit the amount-immediately in this Court, failing which further action will be taken as per Rules." The Writ Petition is preferred against the part of the order by which a fine of Rs. 1000/- is levied under Section 21-A(3) read with Section 51-A of the Act. The Civil Revision Petition is preferred against the portion of the order by which a fair rent of Rs. 377-80 is fixed from 1-4-1973 and it has been enhanced to Rs. 599/- per month with effect from 1-4-1976.

(3.) The office has raised an objection that the Writ Petition is not maintainable. As the order passed under Section 21A of the Act by the House Rent Controller, is neither appealable nor Revisable under the Act by this Court or by any other Court, the Petition filed under Articles 226 and 227 of the Constitution, is maintainable. The office is directed to register the Petition. Both the Petitions are heard on merits.