T N RAMA RAO Vs. DEPUTY COMMR CHIKMAGALUR

JUDGEMENT

(1.) This appeal arises out of and is directed against the order dt. 25-5-1978 made by Venkataswami, J. dismissing the appellant's writ petition No, 6790 of 1975 in which appellant sought to have the proceedings for allotment of certain residential accommodation in the town of Chickmagalur under the provisions of the Karnataka Rent Control Act, 1961, in favour of the third respondent quashed.

(2.) The residential premises in question is stated to belong to the Hindu undivided family of the appellant and his deceased brother and after some antecedent correspondence which is at Ext.'A' to 'D' between the second respondent and the appellant, the latter filed a report, of vacancy respecting the premises which fell vacant upon the previous allottee-tenant having vacated the same. Prior to the submission of the report of vacancy, the appellant had informed the second respondent that the premises were not to be re-let; but were required for the bonafide use of a daughter of his deceased brother and her husband one Krishnachar. The second respondent, however, directed a vacancy report to be submitted and suggested that the said Krishnachar do apply for allotment. Accordingly, the said Krishnachar filed an application for allotment. So did the third respondent.

(3.) By his order dated 11-10-1975 (as per Ext. K) in HRC.No. 1/75-78, the second respondent allotted the premises in favour of the third respondent. The appeal against the said order preferred by the appellant befor the first respondent in JHM. RPL. RC.1/75-76 as per Ext.M) having been unsuccessful, the appellant filed the writ petition, from which this appeal arises, challenging the orders of the first and the second respondents.