BHARATH GOLD MINES LTD Vs. KANNAPPA

JUDGEMENT

(1.) This appeal is by the writ petitioners, against the dismissal of their writ petition. The 1st appellant is referred as the appellant company hereinafter, for the sake of convenience.

(2.) The question raised pertains to the applicability of the provisions governing fixation of fair rent under the karnataka Rent Control Act, 1961 (for short, referred as the 'R.C. Act'), to the premises leased by the appellant-company to the 1st respondent.

(3.) Appellant-company is a company registered under Indian Companies Act and its entire share capital is owned by the Government of India. It has in possession vast extent of mining area, obtained by it on mining lease from the State Government. In some of the areas if has put up structures, which have been granted by it on lease to persons like the 1st respondent. Here, the subject-matter of lease is stated, originally to be a Trailor-shop, converted into a flour- mill, though, the first respondent asserts the same to be a 'building-cum-residence'. The rent was fixed long ago. The appellant-company issued notice revising the rent payable by the first respondent, in the year 1981. Thereafter, the first respondent filed an application under Section 14 of the R.C. Act, before the 2nd respondent for fixation of fair rent..