SHARADA BAI Vs. HOUSE RENT CONTROLLER

JUDGEMENT

(1.) The building bearing No. 39, St. John's Church Road, Civil Station, Bangalore owned by the petitioner has been allotted by the House Rent Controller in favour of A. Vincent - Respondents. The validity of the allotment is called into question.

(2.) The main contention of the petitioner is that on the date of allotment, the buiiding was under the occupation of her family friend Veeraraghavalu Naidu although unauthorised and therefore, the Controller had no jurisdiction to allot it since it was not vacant.

(3.) The matter arises in, this way: The Controller had instituted, miscellaneous proceedings against Veeraraghavalu Naidu on the ground that he was occupying the building in contravention of S.4(2) of the Karnataka Rent Control Act, 1961 (called shortly as "the Act"). After enquiry, he made an order dated 4th May, 1974 directing that Naidu should vacate and the petitioner should report the vacancy of the building, failing which it should be notified suo-motu- Eut the petitioner and Naidu did not comply with the direction. So, the vacancy of the building was notified suo motu and in response to whicn there were as many as four applicants including Respondent-3 In the proceedings for allotment, the petitioner raised an objection, that the Controller has no jurisdiction to allot the building in favour of any one of the applicants since it was not vacant. The Controller rejected the objection and allotted the building to Respondent-3. The petitioner along with Naidu appealed to the Spl. Deputy Commissioner, Bangalore. The appeals were dismissed,. Naidu thereafter appears to have lost interest in the matter and left the landlord alone to prefer this writ petition. However, during the pendency of this petition, Naidu has been dispossessed and the possession of the building has been taken over by the Controller as per the direction issued by this Court.