K RATNAVATHIAMMA Vs. P PRABHAKAR RAI

JUDGEMENT

(1.) An application was filed by the tenant under Section 14 of the Karnataka Rent Control Act, 1961 before the Rent Controller for fixation of fair rent. In the said proceedings, the landlord entered appearance and filed his statement of objections. Subsequently he made an application purporting to be under Order 6, Rule 17 of C.P.C. for amendment of statement of objections to plead that the tenant has sub-leased the premises. This application has been dismissed by the Rent Controller on the ground that the said plea is totally irrelevant for the purpose of fixation of fair rent and that question has to be determined by the "Court" before whom the landlord has instituted eviction proceedings for eviction of the tenant under Section 21(1)(f) and (h) of the Act.

(2.) Sri M. Ram Bhat, learned counsel for the landlord submitted relying upon sub-section (2) of Section 14 of the Act that the Rent Controller ought to consider fixation of fair rent for that portion of the premises which has been unlawfully sublet, by giving a finding on that question, while considering the question of fixation of fair rent to the premises, and the Rent Controller was in error in dismissing the application for amendment of the statement of objections.

(3.) The relevant parts of Section 14 are reproduced below:"14. Fixation of fair rent, etc.