RUDRAYYA Vs. GANGAWWA

JUDGEMENT

(1.) This revision petition has been referred to a Divisior Bench since the learned Single Judge who heard it in the first instance was of the opinion that it involves questions of considerable public importance.

(2.) The petitioner took on lease the land R.S.No.104, measuring 5 acres and 3 guntas, situate in Thimmasagara Village which is now part of Hubli City, on 19-1-1948, under a registered lease deed on an annual rent of Rs.1,505, the period of lease being 41 years, from the owners respondents 1 and 2. Respondent 3 is alleged to be the sub-lessee under the petitioner. The respondents filed an eviction petition under S.21 Cl(1) sub- clauses (b),, (c) and (f) of the Mysore Rent Control Act, 1961 (hereinafter referred to as the Act). The present petitioner contended, among other things, that the application is not maintainable for the reason that the suit property was an agricultural land and that the Court had no jurisdiction to entertain the application. The learned Addl Munsiff, Hubli, negatived his contention and held that the Court had jurisdiction to entertain the application. It is against this order that the revision petition has been filed.

(3.) In the lease deed Ext.P1 the suit property is described as garden land. It also recites that there is a house standing on the suit property. The purpose for which the lease is taken is stated to be for the storage of fuel and timber. The lease deed also recites that the tenant will apply for permission to use the property for a non-agricultural purpose and that since the property is at the time of the lease being used for agricultural purposes the assessment of Rs.5-7-6 should continue to be paid by the landlords and that if the assessment is increased, such excess as well as the Municipal Taxes would be paid by the tenants thereafter. It also provides that on the expiry of the term of the lease, the tenant would vacate the land as well as the house standing thereon and restore possession of the same tc the landlords in the same condition as the property was on the date of the lease. Another term of the lease is that the tenant cannot cu any cf the trees standing on the land except the one mango tree in the centre.