BORANNA Vs. M A CHANDRA RAJU

JUDGEMENT

(1.) 1. This Civil Revision Petition is filed under Section 50(1) of the Karnataka Rent Control Act, 1961 (hereinafter referred to as 'the Act') against the order of dismissal passed by the IX Additional Small Causes Judge, Bangalore City, in H.R.C.No. 3456 of 1980 (OTC No. 1726 of 1979), the eviction petition having been filed under Section 21(1)(a), (d), (h) and (p) of the Act. On 1-8-1981, the petitioner filed an amended eviction petition in pursuance of an order passed by the trial Court dated 23-7-1981 on I.A.V under Order 6 Rule 17 C.P.C.).

(2.) The material facts of the case are that the respondent is a tenant in occupation of residential premises No.3, III Cross, Kempapura Agrahara, Magadi Road, Bangalore-23 paying a monthly rent of Rs.42/-. It is stated that the respondent is a chronic defaulter in payment of rent and on 25-11-1971, the petitioner issued a legal notice through his Counsel alleging default in payment of arrears of rent commencing from 1-7-1971 and ending 31-10-1971, the arrears being Rs.168/- and terminating the tenancy calling upon the respondent to deliver vacant possession of the tenanted premises. Though a reply was issued by the respondent, according to the. petitioner, the reply was untenable.

(3.) Thereafter, the petitioner instituted eviction proceedings in H.R.C.No. 844 of 1972 against the respondent which was subsequently transferred to the Court of the Civil Judge bearing H.R.C.No. 1299 of 1975. The case was dismissed on 25-3-1977 for default and, subsequently, the petitioner filed a miscellaneous petition for restoration in Miscellaneous No. 85 of 1977 which was also dismissed on 1-12-1978)