ABDUL BASHEER Vs. RUDRASWAMY

JUDGEMENT

(1.) HEARD . Admitted.

(2.) IN this Revision Petition filed by the tenant the order pased by the learned Principal District Judge, Mysore on 7.8.1995 in Revision (Rent) No. 131/1995 allowing the Revision Petition and setting aside the order passed by the learned III Addl. First Munsif, Mysore, in H.R.C. No. 411/1987 on 7.4.1995 dismissing I.A. III under Order VI Rule 17 CPC has been challenged.

(3.) THE facts necessary to decide the present Revision are: The Eviction Petition 411/1987 was filed earlier by the landlord S. Krishnaswamy against the present Revision Petitioner-tenant, under Section 21(1)(b) (d) and (o) of the Act. Subsequently, the present respondent in this Revision Petition Sri P. Rudraswamy purchased the property from Krishnaswamy. This Krishnaswamy has been brought on record as landlord. The present landlord filed I.A. II under Order VI Rule 17 C.P.C. praying that he should be permitted to amend the main Eviction Petition to include the ground under 2-1(1)(h) of the Karnataka Rent Control Act apart from the two grounds which were already there. In the amendment application he has made averments of reasonable and bona fide requirement of the petition schedule premises. The learned Munsif rejected the amendment. Against the said order the landlord preferred Revision Petition before the learned District Judge. The District Judge relying on the decision of the Court reported in J.S. Karole v. G.S. Angolkar, ILR 1986 (2) Karnatka 1859, wherein it has been laid down that the 'landlord' includes persons deriving title from original landlord, successors-in-interest or transferees of interest from original landlord, allowed the Revision Petition and ordered that the I.A. III should be allowed. This order has been challenged by the Revision petitioner-tenant in this Revision Petition. It should be clearly borne in mind, in the peculiar circumstances of this Revision Petition that the landlord who is a subsequent purchaser from the earlier landlord who had filed the Eviction Petition has already been brought on record as landlord. It appears that an amendment application was filed and it was allowed and that is how the present landlord has come on record.