N. JAYARATHNA Vs. RENT CONTROLLER

JUDGEMENT

(1.) THE petitioner is in occupation of premises bearing No. 538, III Block, Rajajinagar, Bangalore-10. The case of the petitioner is that she has purchased the running concern "Mayura Bangle Stores" from Manohar. The owner of the premises is one Eshwar Rao. It was let out to Manohar, who started the business in the name and style "Mayura Bangles". In 1981, the Revenue Inspector reported that the premises had been leased to petitioner in contravention of the K.R.C. Act; the Rent Controller issued a notice. The petitioner contended that landlord had leased it to Manohar on 24.12.80 and she has purchased the right of running the shop from Manohar.

(2.) AN action under Section 10-A can be initiated if it is found that the premises had been occupied in contravention of Section 4. The Rent Controller, in each case is required to examine whether the building attracts the provisions of Part II of the Act. If it attracts, then he has to find out whether the person in occupation was inducted in contravention of Section 4(2). In this case there are no such findings. The Rent Controller has concluded that the transaction pleaded by petitioner is illegal. The reason for this conclusion is wanting. If Manohar had sold the running concern with the consent of landlord, there could be no illegality. This aspect is not adverted to by the Rent Controller. Further, what was required to be examined was whether the petitioner had interest in the premises or she had interest only in the business, the legal occupation being that of Manohar. On these relevant aspects no findings are recorded hence the impugned orders cannot be sustained, By virtue of the interim order the petitioner is in possession. The third respondent-allottee has not been put in possession of the premises.