RAMACHANDRAN Vs. KHALEEQ AHMED

JUDGEMENT

(1.) This is a plaintiff's appeal against the judgment and decree dated 18th March 1987 passed by the 16th Additional City Civil Judge, Bangalore City, in O.S.No. 3681/ 1985 dismissing the same.

(2.) The defendant-landlord had filed a H.R.C. case in H.R.C.5036/1980 against the present plaintiff in the Court of the Small Causes, Bangalore City, for eviction under Section 21(1)(a) of the Karnataka Rent Control Act. An application was filed by the present defendant in the said H.R.C. case under Section 29 of the Karnataka Rent Control Act on the ground that the defendant had not paid the rental arrears and had not been paying rent. The Small Causes Judge after hearing the said H.R.C. case stopped the further proceedings under Section 29(4) and ordered eviction of the plaintiff, and ordered him to put the landlord in possession of the property. That order passed under Section 29(4) has admittedly become final.

(3.) The defendant-landlord sued out execution in Execution Case No. 4529/1983 for executing the order passed under Section 29(4) of the Karnataka Rent Control Act, which has become final.