JAYANTHAL SAMPATHRAJ JAIN Vs. D NOOR MOHAMED

JUDGEMENT

(1.) This revision is directed against the order passed by the Executing Court dismissing the application filed by the petitioner purporting to be under Order 21, Rule 97 read with Section 151 of C.P.C.

(2.) The decree under execution was obtained by the first respondent decree-holder, in an eviction proceeding instituted by him on 11-12-1980 under Section 21(l)(h) and (p) of the Karnataka Rent Control Act, 1961 ('the Act for short). Since the second respondent judgment-debtor represented by the father of the petitioner herein, after filing its statement of objections remained absent, the Court on 8-12-1983 passed a considered order of eviction placing the second respondent ex parte. The second respondent filed Miscellaneous Petition No. 901 of 1983 in the Trial Court to have the said ex parte order set aside. 2a. On 18-4-1984 the second respondent also filed Revision Petition No. 1491 of 1984 before this Court questioning the legality and correctness of the ex parte order of eviction without mentioning that it had filed the miscellaneous petition. This Court on 30-5-1984 at the stage of admission, without issuing notice to the first respondent-landlord, dismissed the revision petition granting time to the second respondent till 31-12-1986 for vacating the premises in question, thus confirming the order of eviction.

(3.) On 8-6-1984 Miscellaneous Petition No. 901 of 1983 presented by the second respondent for getting the ex parte order set aside was allowed by the Trial Court. Consequently, the ex parte order of eviction was set aside by the Trial Court and the proceeding in H.R.C. No. 8838 of 1980 got revived. Obviously, the second respondent did not bring to the notice of the Trial Court in the aforesaid miscellaneous proceeding the order passed by this Court in the revision petition presented by it in which this Court had granted time to vacate the premises till 31-12-1986. The first respondent had no notice of the revision petition and he was totally unaware of the order made by this Court on 30-5-1984.