FERNADIS Vs. HOUSE RENT CONTROLLER

JUDGEMENT

(1.) THIS writ petition is directed against the order passed by respondent 2 holding the petitioner to be an unauthorised occupant of the premises in question and directing his eviction therefrom under Section 10A of the Karnataka Rent Control Act, 1961 (the Act).

(2.) TO appreciate the points involved in this case it is necessary to briefly state the facts of the case.

(3.) THEREUPON respondent-3 preferred an appeal against the said order, under Section 12 of the Act before the Deputy Commissioner. It was urged that he had purchased the premises in the year 1981 from the previous owner and that the petitioner has not been residing in the premises since 1976 as alleged. Further he has also not recognized him as his tenant. In the circumstances it was contended that the Rent Controller was not justified in dropping the proceedings against the petitioner. On the other hand it was inter alia contended by the petitioner that respondent-3 had no locus standi to file the appeal. However, the Deputy Commissioner (respondent-2) rejected the petitioner's contention and held that the petitioner is an unauthorised occupant of the premises and he is liable to be evicted therefrom with immediate effect.