( 1 ) THE petitioner claiming to be the landlord of the premises in question instituted a petition under clauses (a), (h), (i) and (1) of the proviso to sub-sec. (1) of S. 21 of the Mysore Rent Control Act for eviction of the respondent. The property originally belonged to the respondent Gopal setty. He executed a deed of gift in favour of his nephew H. K. Devendradra setty who was impleaded as respondent 2 before the Munsiff in respect of of the premises in question and took it back on lease on the same day from the donee. The said H. K. Devendra Setty later on sold the premises in favour of the petitioner under a registered sale deed dt. 25-2-1960. There after the petitioner instituted the above mentioned petition for eviction in HRC. No. 6 of 1968 on the file of the Principal Munsiff, Chitradurga. The respondent denied that he was a tenant in the course of his statement of objections. He raised some other pleas also. But it is unnecessary to refer to them for the purpose of disposal of this revision petition.

( 2 ) THE learned Munsiff took up for consideration the question whether the respondent was a tenant or not as a preliminary issue since the finding on the said issue had a

Click Here to Read the rest of this document