JAYARAMA Vs. J AJJANNA

JUDGEMENT

(1.) This is a revisio by the decree-holder against the order dated 9-9-1985 passed by the Munsiff, Chitrddurga, in Execution Case No. 79 of 1965 and Miscellaneous Case No. 67 of 1981, ordering redelivery of the property to the judgment-debtor-respondent.

(2.) The depree-holder filed H.R.C. case 12 of 1977 against the .judgement-debtor under Section 21 (1) (h) of the Karnataka Rent Control Act in the Court of the Munsiff, Chitradurga. In the said eviction case, the decree-holder-landlord filed an application under Section 29 of the Karnataka Rent Control Act alleging that the tenant had fallen in arrears of rent. Notwithstanding the order passed by the Court under Section 29 of the Rent Control Act, the tenent did not deposit the rental arrears. The show cause notice contemplated by Section 29 was issued to the judgment-debtor. He failed to show the cause. Hence, the order under Section 29(4) of the Karnataka Rent Control Act, directing the judgment-debtor tenant to put the decree-holder landlord in possession of the property, was passed. Being dissatisfied by that order, the tenant approached the District Judge, Chitradurga with C.R.P. 40 of 1981 under Section 50 of the Karnataka Rent Control Act. On 2-12-1983, the landlord-decree-holder as well as the tenant judgment-debtor filed a compromise petition under Older 23 Rule 3 of the Code of Civil Procedure read with Section 151 of the Code of Civil Procedure in the said C.R.P. 40 of 1981. The District Judge recorded that compromise and the eviction order passed by the trial Court was confirmed subject to giving time to the tenant to vacate till 30th June, 1985.

(3.) In the meanwhile, the judgment-debtor claims to have filed a caveat under Section 148A of the Code of Civil Procedure, apprehending that the landlord might levy an execution petition against him and obtain delivery.