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1981 Supreme(Kar) 270

M.S.PATIL
MAHAMMAD IQBAL – Appellant
Versus
MOHAMADGOUS LALMIYA – Respondent


Advocates:
N.A.MANDAGI, R.U.Goulay

M. S. PATIL, J.

( 1 ) THIS revision filed under S. 115 of cpc is directed against the order dated 27-10-1978 passed by the II Addl. District Judge, Belgaum, in H. R. C. R. P. No. 46 of 1978, on the file of his Court, whereby in reversal of the order dated 5-7-1978 passed by the I Addl. Munsiff, belgaum, in I. A. I. in H. R. C. No. 258 of 1977, he had directed the Munsiff, to hear and decide the question relating to the relationship of the parties as landlord and tenant as a preliminary issue and then to hear the parties on the merits of case. The question of law that arises for decision in this revision is, whether in a proceeding for eviction instituted under the Karnataka Rent Control control Act, where the respondent disputes the existence of relationship as landlord and tenant between the applicant and the respondent, it is necessary to decide the issue regarding the existence of such relationship as landlord and tenant as a preliminary issue. The question arises in this way. The four petitioners, who are related among themselves as full brothers, made an application under S. 21 (1) (h) of the Karnataka Rent Control act, hereinafter referred to as the Act, for possession of the



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