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1990 Supreme(Kar) 248

K.A.SWAMI
PARAMOUND INDUSTRIES AND METAL FINISHERS – Appellant
Versus
SMT. CM. MALLIGA – Respondent


Advocates:
H.T.NARAYANA, T.V.VIJAY RAGHAVAN, U.L.NARAYAN RAO

SWAMI, J.

( 1 ) IN the light of the decisions of this court and also of the other high courts taking different views on the question involved in this civil revision petition, it is referred to a division bench.

( 2 ) THIS c. r. p. is preferred against the order dated 24-8-1989 passed by the learned additional small causes judge (s. c. c. h. 3), Bangalore city in ex. No. 4737/89. The petitioner is an objector to the decree and the respondent is the decree-holder.

( 3 ) THE respondent is the landlord of the premises in question. He obtained an order of eviction under Section 21 (1) (f) and (h) of the Karnataka Rent Control Act, 1961 (hereinafter referred to as the 'act') on 4-1-1989 against Sri a. m. bhatia. The order of eviction was put into execution in ex. Case No. 4737/89. The petitioner objected to the same by filing an objection under Section 47, C. P. C. stating that the order of eviction passed in h. r. c. No. 2828/86 against a. m. bhatia was not binding upon him and that he was in possession of the schedule premises in his own right as a tenant; therefore, the order of eviction obtained against a. m. bhatia cannot be executed so as to dispossess him from the premises and sec




























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