The court can consider subsequent events, such as the expiration of a lease, in adjudicating proceedings and doing substantial justice between parties.

( 1 ) THIS revision petition under section 50 of the Karnataka Rent Control Act, 1961 (hereinafter referred to as the Act) is instituted by the original landlord and is directed against the judgment dated 22-7-1974. passed by the learned. Second additional District Judge, Dharwar in H. R. C. Appeal No. 95 of 1973 on his file confirming the order of dismissal of the petition for eviction instituted by the landlord passed by the learned Munsiff on 5-4-1973 in HRC 26 of 1970. on his file.

( 2 ) THE landlord instituted action for eviction of the tenant under clauses (h) and (p) of the proviso to section 21 (1) of the Act. He averred in the petition that the tenant had secured another building in which he was running his hotel and so he was liable for eviction under clause (p) of section 21 (1) of the Act. He further averred that he required the suit premises bona fide and reasonably for his personal occupation. His family was growing and he wanted to accommodate one of his sons in business in the suit premises. The tenant however, resisted the requirements of the landlord.

( 3 ) THE learned Munsiff, appreciating the evidence on record, held that the claim made out under clause (p) of section 21 (1) of the Act by the landlord was established. But even so, he dismissed the petition taking the view that the lease was for a fixed period of 15 years and the period was not over and so the landlord was not entitled to approach the Rent Control Court for eviction of the tenant. The landlord took the matter in appeal before the learned District Judge. The learned District Judge, as stated above, has confirmed the order of the learned munsiff by his order dated 22-7-1974. The learned District Judge has not, however, considered the matter on merits. He has affirmed the findings of the learned Munsiff that the lease period was not over and as such the landlord was not entitled to recover possession from the tenant. Aggrieved, by the order of the learned District Judge, the present revision petition is filed under section 50 of the Act.

( 4 ) DURING the pendency of the revision petition, the landlord died and his legal heirs are brought on record.

( 5 ) SRI V. Tarakaram, learned counsel for the revision petitioner, vehemently contended that though the period of lease was not over when the matter came up before the learned Munsiff and the learned District Judge, the said period was now over by efflux of time. The lease commenced from 1-9-1962. It was for 15 years. Therefore, the lease expired by efflux of time on 1-9-1977. We are now in September, 1978. Therefore, it is evident that even the period of lease is over and the tenant is only continuing as statutory tenant. The learned counsel strenuously argued that this factor has to be taken into consideration while considering the merits of this case The learned counsel for the respondent, no doubt resisted the arguments advanced by Sri Tarakaram.

( 6 ) THE only point therefore that arises for my consideration in this revision petition is:"whether this Court is competent to take into consideration the subsequent event viz. , that the period of lease has run out and the tenant continues as a statutory tenant from 1 9-1977 ?"

( 7 ) THE learned counsel for the revision petitioner invited my attention to a decision in the case of Ranvijaya Shahi v. Bala Prasvd Motani (1), wherein a division Bench of the High Court has, after reviewing several decisions on this point has come to the conclusion that the Court is bound to take subsequent event viz. , that the lease has run out by efflux of time, into consideration. Paras 18 and isa of the judgment deal with this aspect. No possible defence could be raised against the admitted fact that the lease runs out by efflux of the time on 1-9-1977. That is what has happened in the case cited above. It is observed at para 18 in the Patna Case thus :"the learned Advocate General appearing for the respondent has drawn our attention to some decisions on the point. In

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