SHIVADEVI Vs. SHIVAPPA R MULAMUTTAL

JUDGEMENT

(1.) This revision is directed against the order dated 9-3-1978 passed by the Prl. Munsiff, Hubli. in H.R.C. No. 157 of 1976 holding on the preliminary issue that there was no necessity of issuing separate notice to the petitioner, that there exists the relationship of landlord and tenant between the respondent herein and the petitioner and that the court of the Principal Munsiff Hubli, has jurisdiction to try the case, on an application filed by the respondent for eviction of the petitioner under the provisions of the Karnataka Rent Control Act, 1961 (Act, for short). Faced with an adverse order passed by the learned Principal Munsiff the petitioner came to this court through this revision petition under S. 115 C P. C read with section 50(1) of the Act.

(2.) When the matter has come up for admission the question that has mooted for consideration regarding the admissibility or otherwise of the revision is whether a revision under S: 115 C P C read with S. 50( 1) of the Act is maintainable in view of sub-sec. (2) of S. 50 of the Act under which a revision is provided against any order passed or proceeding taken by the court of the Munsiff under the provisions of the Act to the District Judge

(3.) Shri Ajit Gunjal learned counsel appearing for the petitioner, has contended that the revision provided under sub-section (2) of S 50 of the Act is only against an order conclusively determining the rights of the parties with regard to all or any of the matters in controversy in the suit and since the order impugned is only an interlocutory order, it does not fall within the ambit of 'order' contemplated under sub-section 2) of S 50 of the Act and as such a revision under S 115 C.P.C would lie to this court