S SUBRAMANYASWAMY Vs. DY COMMR BANGALORE
HIGH COURT OF KARNATAKA
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(1.) This appeal is from the order of Sabhahit, J., dismissing WP. No. 10069 of
1980. The petitioner therein has presen"
ted this appeal. For the sake of convenience, the parties will hereinafter be refer
red to according to their respective posi"
tions in the writ petition.
(2.) The material facts are these : Premises bearing No. 253/22 (first floor, left
portion), First Block, 4th Cross, Jayana-
gar Bangalore-11 (hereinafter referred to
as 'the premises') formed the subject matter of proceedings under the provisions
of Part II of the Karnataka Rent Control
Act, 1961 (hereinafter referred to as the
Act'). The Rent and,Accommodation Controller, Civil Area, Bangalore (hereinafter
referred to as 'the Controller'), having
information that the premises had become vacant on 5-4-1980, got served on
18-4-1980 a notice on its owner (respon-
dent-2) calling upon her to report as required under S. 4 (1) of the Act, the vacancy of the premises on or before
20-4-1980. Thereafter, on 26-4-1980 the
petitioner who claimed to have become
the usufructuary mortgagee of the said
premises, filed before the Controller a report intimating that the premises became
vacant on 23-4-1980 and praying that the
premises should be given to him for his
own use and occupation.
(3.) After considering the claim of the petitioner and the applications of others
for allotment of the premises, the Controller made an order on 27-5-1980
rejecting the claim of the petitioner and allotting
the premises to respondent-4. The
Controller took the view that the claim
of the petitioner was not just and reasonable and that respondent-4 had to be
given the highest priority among the applicants for the purpose of allotment.
Feeling aggrieved by that order, the
petitioner preferred an appeal before the
Deputy Commissioner who dismissed it
affirming the order of the Controller and
observed, inter alia, that the petitioner
had no valid claim for occupation of the
premises, but would only be entitled to
receive rent thereof.;
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