The main legal point established in the judgment is that a revision under Section 115 of the CPC does not lie to the High Court from a revisional order made by a District Judge under sub-section (2) of Section 50 of the Karnataka Rent Control Act, 1961.

( 1 ) THE following two questions have been referred to be decided by a iarger bench :-" (1) Whether a rev. ision under section 115 of the Code of Civ. il Procedure lies to the High Court from a rev. isional order made by a District judge under sub-section (2) of Section 50 of the Karnataka Rent Control act, 1961, as substituted by Karnataka act 31 of 1975 ? (2) Whether the ruling of the Full bench of this Court in Krishnaji venkatesh Shirotiker v. Gurupad Shiv. ram kavalekar (I. L. R. 1978-2 Karnataka 1585) requires reconsideration in view of the ruling of the Supreme Court in visthsh Kumar v. Shanti Prasad (Air 1980 SC 892) ? "

( 2 ) THIS petition has been filed under Article 227 of the Constitution calling in question the legality of the order made by the District Judge under sub-section (2) of Section 50 of the karnataka Rant Control Act, 1961 (hereinafter referred 10 as 'the Act' ). An office objection was raised as to how in v. iew of the Full Bench decision of this court in Krishnaji Venkatesh Shirodkar v. Gurupad Shiv. ram Kavalekar (ILR (Karnataka) 1978 (2) 1585) a petition under article 227 of the Constitution was maintainable. Before the Learned Single judge a contention was sought to be raised that in the wake cf the Judgment of the Supreme Court in Vishesh Kumar v. Shanti Prasad (AIR 1980 SC 892) the law laid down in Krishnaji Venkatesh Shirodkar's case was no ionger good law. Finding that the question raised was of importance and deserv. ed to be decided by a Div. ision Bench, a reference was made by the Learned Single Judge under section 9 of the Karnataka High Court act. Thereafter, the matter came up for hearing before a Div. ision Bench, and, as earlier observ. ed, the aforesaid two questions hav. e been referred to be decided by a Full Bench. This is how we are seized of the matter.

( 3 ) BEFORE adverting to the contentions of the learned Counsel for the parties if would be appropriate to notice some relevant prov. isions of the Act before the Amendment Act No. 31/1975 and after the Amendment Act. Section 3 (d) of the Act defines 'court' as follows : -" 'court' means - (i) in respact of the area comprised within the limits of the City of bangalore as defined in the Bangalore City civil Court Act, 1979, the Court of small Causes ; (ii) in such other areas as the State gov. ernment may, in consultation with the High Court, by notification specify, the Court of the Civil Judge hav. ing territorial jurisdiction ov. er such area ; and (iii) in respect of areas other than those referred to in sub-clauses (i) and (ii), the Court of Munsiff hav. ing territorial jurisdiction ov. er such area ;"sections 48 and 50 of the Act, before the Amendment Act 31/1975 and after that Amendment Act read as follows : before THE AMENDMENT 48. Appeals :- (1) Not with standing anything contained in any law for the time being in force, ev. ery person agg ieved by an order under Section 14, section 16, Section 17 or Section 21, passed by the Controller or the Court may within thirty days from the date of the order, prefer an appeal in writing to the District Judge hav. ing jurisdiction over the area in which the premises are situate. (2) In computing the period specified in this Act for filing appeals the time taken so obtain certified copies of the order appealed against shall be excluded. (3) The prov. isions of Section 5 of the Indian Limitation Act 1908 shall be applicable to appeals under this Act. (4) On an appeal being preferred under this Act, the appellate authority may order stay of further proceedings in the that er pending decision on the appeal. (5) The appellate authority shall send for the records of the case from the Court or the Controller as the case may after THE AMENDMENT 48. Appeals :- (1) Omitted (2) In computing the period specified in this Act for filing appeals the time taken to obtain certified copies of the order appealed against shall be excluded. (3) The prov. isions of Section 5 of the