LAWS(KAR)-2010-4-277

VIJAYALAKSHMI W/O. S. RAVI Vs. THE ADDITIONAL COMMISSIONER (SOUTH RANGE) BRUHAT BANGALORE MAHANAGAR PALIKE, THE ASSISTANT REVENUE OFFICER GOVINDARAJANAGAR DIVISION AND DR. R. SAROJAMMA RTD. PROFESSOR

Decided On April 08, 2010
Vijayalakshmi W/O. S. Ravi Appellant
V/S
Additional Commissioner (South Range) Bruhat Bangalore Mahanagar Palike, The Assistant Revenue Officer Govindarajanagar Division And Dr. R. Sarojamma Rtd. Professor Respondents

JUDGEMENT

(1.) THE petitioner is before this Court assailing the order dated 29.02.2008 which is impugned at Annexure -B. The order in question is one passed by the first respondent exercising the power under Section 114(a) of the Karnataka Municipal Corporation Act 1976 (herein referred to as the Act).

(2.) HEARD the learned Counsel for the parties and perused the writ papers.

(3.) ON these admitted facts the only question that is to be considered is as to whether the change of the katha was permitted by the third respondent in favour of her son while executing the lease deed dated 21.12.1992. The only relevant clause in the said document is Clause No. 7 which reads as under: The lessor shall be liable to pay the property tax and other dues of this nature in respect of the portion of her property not forming the (subject matter of this lease and further to kept the lessee effectually indemnified against any claims that may be made as a result of Lessor's default. The Lessee shall likewise pay the same for the schedule property and the improvements thereto made by him and shall further indemnify the Lessor against his defaults.