K KRISHNA MURTHY Vs. LADULAL

JUDGEMENT

(1.) THOUGH the matter is listed for admission, with consent of learned Counsel for the petitioner and Sri Moinuddin for Sri aravind Kumar for the respondent, the same is taken up for final hearing and is being disposed of.

(2.) THIS revision petition is filed under Section 46 (1) of the K. R. Act challenging the allowing of I. A. No. 4 filed by the respondent under Section 42 (6) (b) of the Act seeking leave of the Court to contest the eviction petition filed by the revision petitioner-landlord in HRC. No. 447/2005 dated 6-9-2006.

(3.) THE case of the revision petitioner-landlord, in brief, is that, he has filed an eviction petition against the respondent under Section 31 r/w. Section 27 (2) (r) of the K. R. Act with great difficulty notice came to be served on the respondent by affixture. The case was posted on 1-7-2006. The respondent appeared through Counsel but not filed any application seeking leave of the Court to contest the matter. The matter was adjourned to 21-7-2006 to file objections. On that day also he has not filed any objections or application seeking leave of the Court. Again when the matter was listed on 18-8-2006 for, arguments on the ground that the respondent has not filed an application seeking leave of the Court to contest the matter but the same was posted to 19-8-2006. On that day an application came to be filed i. e. , IA. No. 4 seeking permission to file objection to the main petition. The revision petitioner herein has filed objections to IA. No. 4. The trial court after hearing both the parties, allowed IA. No. 4 granting leave to the respondent to contest the matter. Against the said order, the revision petitioner-landlord has come up with this revision petition.