SUBBA RAJU K Vs. G S DATTAMURTHY

JUDGEMENT

(1.) This is a Civil Revision Petition filed by the two tenants who are aggrieved by the order passed on I.A-11 in H R C. No. 2228/84 dated 12-4-1985. The 1st respondent in this case was allotted the petition schedule house by the 2nd respondent.

(2.) The facts of the case, which are essential for the purpose of disposal of this revision petition, are, briefly, as follows: In an earlier eviction petition filed in H.R.C. No. 19/83, the 1st respondent was the sole petitioner suing respondents-1 and 2 for eviction in respect of the same premises which is the subject matter of the subsequent eviction petitioner in H R.C. No. 2228/84. So far as the respondents are concerned, they are common to both H.R.C. Nos. 19/83 and 2228/84.

(3.) At some stage of the proceedings, the 1st respondent, who was the petitioner in H R.C 19/83 filed a memo on 16 7-1984 in Court (before the Court of Small Causes, Bangalore City) to the effect that the petitioner may be permitted to withdraw the petition. This memo was allowed by the Court and the aforesaid eviction petition in H.R.C. 19/83 came to be dismissed as withdrawn. Subsequently, the 1st respondent brought another eviction petition in H R.C. 2228/ 84 along with the 2nd respondent as the co-petitioner for the purpose of eviction of the two tenants. As already stated, the two tenants are the petitioners in this revision petition.