VENKATARAMANA BHATTA Vs. P N BALASUBRAHMANYA SETTY

JUDGEMENT

(1.) THIS revision petition is filed by the petitioners/judgment-debtors questioning the correctness of the order dated 18-9-1989 made in execution case No. 104 of 1987 on the file of the second munsiff and j. m. f. c. , Mysore directing the issue of delivery warrant.

(2.) THE facts leading to this revision petition, in brief, are asfollows: the decree-holders/l. rs. Filed execution case No. 104 of 1987 for possession against the judgment-debtors, l. rs. Of one venkataramana bhatta. The l. rs. Of the judgment-debtor filed their objections mainly contending that the second munsiff, Mysore has no territorial jurisdiction to try the execution petition as Section 31 of the Karnataka Rent Control Act (for short 'the act') under which, the suit was based and decree obtained was struck down as unconstitutional by this court in 1986, hence the decree is nullity and cannot be executed. Further it was contended that the l. rs. Of the judgment-debtor have continued to carry on hotel business since four decades and very huge moveables and other things worth lakhs of rupees are kept and this is the only source of income and the decree holders were to take possession of the petition schedule property except in due course of law, the l. rs. Of judgment-debtor, will be put to great hardship.

(3.) THE points which arose for consideration before the learned munsiff were whether that court has territorial jurisdiction to try the execution petition and whether the decree under execution is nullity?