GEETHA V PRAKASH Vs. LAKSHMI BAI

JUDGEMENT

(1.) THE petitioner has preferred this revision petition against the order passed on LA. under Section 42 (6) (b) (c) of the karnataka Rent Act, 1999 refusing to grant leave and consequently, stopping all further proceedings and passing a decree for eviction.

(2.) FOR the purpose of convenience, the parties shall hereinafter be referred to as they are referred to in the original proceedings.

(3.) THE petitioner-landlord filed an eviction petition under Section 23 (2) (a) and (r) read with section 41 (l) (a) and (c) of the Karnataka Rent act, 1999 (for short hereinafter referred to as the "act" ). Notice was ordered to the respondent. He was duly served. He entered appearance on 14-12-2006 through an Advocate who filed power for the respondent. Thereafter, the case was adjourned for objections to the main petition by 2-1-2007. On that day, the advocate for the respondent filed objections to the main petition as well as an LA. under Section 42 (6) (b) (c) of the Act seeking leave of the court to contest the matter. After three adjournments, the petitioner filed objections on 25-1-2007. Thereafter, the said LA. was taken up for consideration. After hearing both the parties, the Court declined to grant leave sought for, on the ground, that he did not seek leave to defend on the date of first appearance itself and therefore, he cannot be permitted to contest the matter. Consequently, it stopped all further proceedings and also passed an order of eviction. Aggrieved by the same, the respondent-tenant is before this Court.