RAJSSEKHAR Vs. SANGAPPA CHANNAVEERAPPA UPPIN

JUDGEMENT

(1.) The petitioner is a tenant occupying a house allotted to his landlord by the Housing Board. That is expressly prohibited by the relevant statute controlling allotment of houses on lease-cum-sale basis to deserving allottee's by the Karnataka Housing Board Act and the terms of the lease-cum-sale which exist between the Housing Board and the allottee's. Because of the prohibition contained in another law, the Court under the Karnataka Rent Control Act cannot assume jurisdiction is not a well founded argument. Eviction by the Court under the Karnataka Rent Control Act is by authority of Sec. 21 of that Act. The non obstante clause with which Sec. 21 begins provides that the court may evict a tenant notwithstanding anything contained in any law or a contract which includes Housing Board law and the lease-cum-sale which it has entered. In any event, the person who has allowed himself to be inducted as a tenant cannot be permitted to agitate this question by his own illegal action knowing it to be an illegal action. No merit in this revision. It is rejected . Revision Rejected.