BALKIS KHAN Vs. SHAHID PASHA

JUDGEMENT

(1.) The present revision application has been filed by the subsequent purchaser, being the present landlord challenging the order dated 20-9-1988 passed by the Chief Judge of the Small Causes Court at Bangalore setting aside an ex parte order of eviction dated 27-3-1985 passed in H.R.C. No. 3006 of 1984 on the ground that the respondent No. 1 was not validly served with the notice in the said proceedings.

(2.) The first respondent was a tenant under the second respondent in respect of the schedule shop premises carrying on business of carpentry therein since 1976. The second respondent filed an eviction petition against respondent No. 1 under S. 21 of the Karnataka Rent Control Act, 1961 (in short, the Act) inter alia on the ground of personal necessity. The said application was allowed ex parte and on 8-7-1985 delivery of possession was taken through the process of the Court in Execution Case No. 2298 of 1985. Subsequently, by a registered sale deed dated 31-7-1987, the said premises was purchased by the petitioner.

(3.) Respondent No. 1 filed an application for setting aside the eviction decree under O. 9, R. 13, C.P.C. read with R. 29 of the Karnataka Rent Control Rules, 1961 (herenafter the 'Rules' only) which has been allowed by the impugned order. This order teas been challenged by the petitioner by asserting that all possible efforts had been made to serve the notice on respondent No. 1 in the said eviction proceedings. But since admittedly the fourth respondent was away to Saudi Arabia during the said period, the same could not be personally served upon him. As such, considering the substituted service as valid, the order of eviction was passed. Therefore, according to the petitioner there was absolutely no sufficient cause for setting aside the ex parte order of eviction.