(1.) THE facts of the present case is possibly one of the most telling examples of criminal maneuvering masterminded by the concerned officers, middle men and the beneficiaries in depriving the owners of their properties by flouting all norms set by way of constitutional guarantees, statutory safeguards and natural justice requirements. Possibly flooded with such atrocious acts on the part of the officers, of the State Government, quite advisedly, came out with the notification dated 24-4-1995 making the provisions of Sections 4, 5 and 10-A of the karnataka Rent Control Act, 1961 (hereinafter the 'act')inapplicable within the limits of Bangalore city and are within a radius of three kilometres from the limits thereof.
(2.) HERE is a case where, as the facts will reveal here in after, the contesting respondent 3 with the help of the area revenue inspector and the police force had, by breaking open. the locks forcibly, occupied the property of the appellant on the strength of an order passed in respect of some other building by the House rent and Accommodation Controller (hereinafter the 'controller') under Section 5 of the Act. V property and its ownership history.
(3.) ADMITTEDLY, the appellant, under a registered sale deed dated 17-6-1993, had purchased the outhouse situated behind janardhan Nivas, 2nd Cross, Govinda Rao Street, Kumara Park west Extension, Bangalore-20 (hereinafter 'the house') from smt. Dakshayani. The house comprises of ground and the first floor measuring approximately seven squares. Ground floor bears the number 1/1 and the first floor 2/1. Subsequent to the purchase of the house, the appellant, by way of abundant caution, under his letter dated 10-11-1993 (Annexure-E)intimated the Controller that he had purchased the house for self-occupation but it requires repairs and renovation for making it fit for residential purpose. It was also intimated that the building has come to his possession on owner to owner basis and was not meant for renting out. It was, accordingly, requested to clear the building for self-occupation of the appellant.