BHAWARLAL Vs. MAHMAD HUSSAIN SAB

JUDGEMENT

(1.) Both the Advocates submitted that the revision itself may be heard finally on merits. Accordingly arguments are heard and the revision is disposed of.

(2.) The respondent- landlord filed an eviction petition in in H.R.C. 8 of 1979 on the file of the Munsiff, Hospet, against the revision petitioner under Section 21(1) (b) and (j) of the Karnataka Rent Control Act. The Munsiff dismissed the said H.R C. case on 5-9-1983. The respondent, being aggrieved by that order, approached the District Judge with H. R. C. Revision 21 of 1983. The District Judge, Bellary, on 7-8-1985 set aside the order passed by the Munsiff and ordered eviction and gave time to the tenant till 30th April 1986 to vacate. It appears that the revision petitioner, being aggrieved by that older, filed on 15-4-1986 a revision petition in C.R.P. 1926 of 1986 in this Court.

(3.) The Civil Courts were closed for summer vacation for the period from 21-4-1986 to 25-5-1986(both days inclusive). During the vacation period, the respondent filed an execution case 14 of 1986 in the Court of the Vacation Judge on 6-5-1986 and obtained an order under Order 21 Rule 35 of the Code of Civil Procedure for possession of the property. The delivery warrant was executed on 12-5-1986 and the respondent was put in possession of the property. The revision petitioner; being aggrieved by the said order, has come up with this revision.