S V SREEKANTHAYYA Vs. LAKSHMI HARDWARE STORES

JUDGEMENT

(1.) This is a landlord's revision petition against the order dated 25-6-1977 passed by the III Additional Civil Judge, Bangalore City, in H.R. C. No. 1207 of 1975 on his file holding that the petition of the landlord for eviction of tenants represented by the receiver was not maintainable.

(2.) The landlord instituted a petition for eviction of the tenants under Clause (h) of the proviso to Section 21(1) of the Karnataka Rent Control Act, 1961. In the litigation with regard to the partnership dissolution, a receiver was appointed to the properties of the partnership firm which was running in the said premises, by the High Court of Bombay. Hence, the receiver was also made a party to the suit in addition to the partners and the firm.

(3.) A preliminary objection was raised during the hearing of the petition. It was contended that the petition was not maintainable on two grounds, viz., that the leave of the High Court of Bombay was not obtained to sue against the receiver and secondly Section 80, C. P. C., notice was not served on the receiver before instituting the suit. The learned Civil Judge upheld both the objections and rejected the petition on the preliminary ground itself. Aggrieved by the said order, the landlord has come up in revision before this Court,