T R SEETHARAMAIAH Vs. B V SHIVAPPA

JUDGEMENT

(1.) This petition is directed against the judgment dt.22-9-1975 passed by the III Addl Dist judge, Bangalore, in HRC Appeal 74 of 1975, reversing the order dt.1-1-1975 passed by the Principal I Munsiff, Bangalore in HRC. No.981 of 1970.

(2.) On the contentions put forward by the parties in regard to jurisdictional fact whether there exis'ed a relationship of landlord and tenant between the respondent and the petitioner, the Principal I Munsiff, applying the principle laid down in the decision in Puttananjamma v. Channabasavanna, 1965 (2) MysLJ. 782, and holding that the decision in Mathuralal v. Keshar Bai, AIR. 1871 SC. 310. had not over-ruled the decision in Puttananjamma's case(1), dismissed the application filed by the respondent under S.21(1) (a) of the Karnataka Rent Control Act, 1961 (to be hereinafter referred to as the Act). The learned III Addl Dist Judge has held that the principle laid down by the Supreme Court in Mathuralal's case (2) governed the facts and circumstances of this case, and has allowed the appeal.

(3.) This revision petition has been filed u/s.50 of the Act as it stood prior to the amendment by Act 31 of 1975. In view of the decision of this Court in Channabasappa v. P. Shivayogappa, 1977 (1) KarLJ. 84, that after the repeal of S.50 of the Act by the Amendment Ordinance 3 of 1975 and Act 31 of 1975, the revisional power of the High Court cannot be invoked as the section conferring the said power is no longer in the statute book, Sri K.V. Hegade, the learned Advocate appearing on behalf of the petitioner, prayed for permission to convert the petition into one under S.115 of the CPC. Such permission was granted in Channabasappa's case (3), and hence the permission sought for by Sri Hegade is hereby granted.