M LAKKEGOWDA Vs. HOUSE RENT CONTROLLER

JUDGEMENT

(1.) THIS petition, is directed against the order made by the Rent Controller, City Area Bangalore,, under S. 31C of the Karnataka, Rent Control Act, 1961 (shortly called the Act.) The petitioner is the owner of the premises bearing No. 40, II Cross, Sri ramapuram, Bangalore. He had permitted respondent-2 to occupy the premises unauthorisedly. In respect of this unauthorised occupation there was some proceedings initiated by the Bent Controller under S. 4 and 10A of the Act, followed by an order of eviction against respondent-2 made on 28-7-1976. Before the order was executed, the Act was amended by Karnataka Act No. 66/76 which came into force with effect from 13-10-76. Under the amended provisions certain rights were conferred on the unauthorised occupants of premises. S. 31B of the Act provides that any landlord who has occupied or lot out a residential building or any person who has occupied any building as a tenant in contravention of S. 4 or S.5 may make a declaration in that behalf, to the Rent Controller. S. 31C of the Act provides for regularisation of such unauthorised occupation. It states that on receipt of the declaration under S. 31B, the Controller shall, if so satisfied pass an order declaring that the occupation or letting out from its inception is lawful. Taking advantage of these provisions, respondent-2 filed a declaration before the Rent Controller on 1-12-1976. On that application the Controller made an order, which runs thus: