( 1 ) THE appeal is filed against the order passed on la. No. I in ex. case No. 3299 of 1996 on the file of 2nd additional small cause judge, Bangalore. The appellant is the objector in the execution case filed an application under order 21, Rule 98 and Section 151 of the Civil Procedure Code read with Rule 35 of the Karnataka Rent Control Act objecting the execution of the delivery warrant in respect of the petition property.

( 2 ) THE background of the case leading to the present appeal are stated thus: the appellant is the daughter of one ramaiah setty. The said ramaiah setty had a wife by name padmavathamma. According to the appellant the petition property was gifted to her orally by her father for arisina kunkuma. Ramaiah setty had no male heirs and he died in the year 1972. By virtue of the said oral gift, the appellant claims to be in possession and enjoyment of the property. Further it was contended before the trial court in the application that one subbaiah setty was inducted as a tenant by the appellant and he vacated the premises. Thereafter, appellant is in continued possession and enjoyment of the petition property.

( 3 ) THE first respondent in the