KASHIPATHI Vs. FAKIRGOUDA HUCHAPPA PATIL

JUDGEMENT

(1.) This is a writ petition filed by petitioner Nos. 1 and 2 under Article 226 of the Constitution of India to quash the order dated 31-1-1995, passed in HRC No. 190/1994, on the file of the Prl. Munsif, Bijapur vide Annexure-E.

(2.) The brief facts of this case are that the petitioner Nos. 1 and 2 are brothers. They are running a joint family firm namely Kirana Merchant in the name and style of S.S. Swamy. Respondent Nos. 1 to 6 are the landlords of the petition schedule premises which is a non-residential building bearing CTS No. 898, situated in. Ward No. III, Bijapur City and they are paying monthly rent of Rs. 30/- to the said premises in which they are running the business. They are paying the rent regularly and there is no arrears of rent as on today but the respondents have filed the petition under Section 21 (1)(a) and (h) of the Karnataka Rent Control Act, 1961 (hereinafter referred as 'the K.R.C. Act') along with an application under Section 29(4) of the K.R.C. Act for a direction to the petitioner- tenant to pay a sum of Rs. 4950/- towards the arrears of rent and subsequent rents falling due for every month, on the 10th of succeeding month; for stopping further proceedings and also for a direction to put the respondents in vacant possession of the suit premises. After appearance, the Principal Munsiff, Bijapur passed an order on I.A. No. I filed under Section 29(4) of the K.R.C. Act, 1961 and allowed the said application. All further proceedings in the said case were stopped and the petitioner-tenants were directed to hand over vacant possession of the petition schedule premises. Being aggrieved by the said order, the petitioners have come up with the instant writ petition.

(3.) The respondent No. 4 herein filed a detailed objection contending that the petition filed by the petitioners is barred by time and the writ petition is liable to be dismissed since the present petition filed by petitioners is by suppressing material facts.