K KRISHNA MURTHY SETTY Vs. KARNATAKA HOUSING BOARD

JUDGEMENT

(1.) In view of the fact that the appeal involved a very short question of law, on 1-8-1989 it was directed to be brought up in the category of orders, with a further direction that it would be heard for final disposal. Accordingly, the appeal is brought up today in the category of orders. The records of the appeal are also received. The first respondent has entered appearance. Therefore, in the light of the order dated 1-8-1989 the appeal is heard for final disposal.

(2.) The lower appellate court dismissed the appeal and confirmed the Judgment and decree of the trial court on the ground that the suit filed by the appellant-plaintiff was not maintainable as it was filed against the first defendant-first respondent without issuing statutory notice as required by Section 72 of the Karnataka Housing Board 1962 (Hereinafter referred to as the Act). The trial Court dismissed the suit on three counts - that the suit was not cognizable by a Civil Court, that the notice under Section 80 of the CPC ought to have been issued to the second defendant, that notice under Section 72 of the Act ought to have been issued to the first defendant.

(3.) However, in the appeal, the lower appellate Court has reversed the findings of the trial Court on the first two grounds and has held that no notice under Section 80 of the CPC was required to be issued to the second defendant that the suit was cognizable by a Civil Court. However, it affirmed the decree of the trial Court on the ground that the suit was not maintainable as it was filed without seiving notice on the first defendant under Section 72 of the Act.