MUDLAIAH T.G. Vs. ARJUNAIAH T.H.

JUDGEMENT

(1.) This petition is filed under Sec. 50 of the Karnataka Rent Control Act, 1961 (hereinafter referred to as the Act) against the judgment dated 27.2.75 passed by the District Judge, Tumkar, in HRCA 14 of 1974 confirming the order dated 25.3.1974 passed by the Principal Munsiff, Tumkur, in HRC 49 of 1973 allowing the application filed by the respondent-landlord of the schedule premises on the ground that he reasonably and bonafide required the schedule premises for immediate purpose of demolishing and ejecting a new building in the place of the premises sought to be demolished (Section 21(1)(j) of the Act).

(2.) Sri K. Swami Rao, learned Advocate appearing for the respondent raised a preliminary objection that this petition is not maintainable under Sec. 50 of the Act in view of the fact that by 22.5.1975 Karnataka Rent Control (Amendment) Ordinance, 1975 (Karnataka Ordinance 3 of 1975) had come into force and Sec. 50 as it originally stood in the principal had been repealed.

(3.) On this preliminary objection being taken, learned Advocate appearing for the petitioner, sought permission to convert the petition as one filed under Sec. 115 of CPC. The permission is hereby granted.