KRISHNA Vs. DISTRICT JUDGE

JUDGEMENT

(1.) Petitioner in both the original petitions is the tenant and fourth respondent is the landlord. Fourth respondent filed R.C.P. No. 38 of 1983 for eviction on the ground of arrears of rent. Petitioner then filed R.C.P. No. 44 of 1983 for fixation of fair rent. Thereafter, fourth respondent again filed R.C.P. No. 61 of 1983 for eviction on the ground of bona fide need for own occupation also. All the petitions were tried together and disposed of by a common order. R.C.P. No. 44 of 1983 was allowed and fair rent was fixed at Rs. 23 per month, though contract rent was Rs. 300 per month. Other two petitions were dismissed.

(2.) Fourth respondent filed three appeals. Appeal against R.C.P. No. 61 of 1983 was dismissed, holding that bona fide need is not established. That decision was not challenged in revision and hence it became final. Other two appeals were allowed, holding that contract rent of Rs. 300 per month is the fair rent and allowing eviction on the ground of arrears of rent.

(3.) Petitioner challenged the orders by filing two revision petitions. Both were dismissed. Hence these two original petitions were filed under Art.227 of the Constitution, for setting aside the decisions of the appellate and revisional authorities and for restoring that of the rent control court.