LAWS(KAR)-1982-5-2

SAIRA KHATOON Vs. STATE OF KARNATAKA

Decided On May 25, 1982
SAIRA KHATOON Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) By consent of learned counsel, this appeal was treated as having been posted for hearing and we heard them.

(2.) This appeal is from the order of Sabhahit, J. allowing WP No. 9344 of 1978. Respondient-1 therein has presented this appeal. For the sake of convenience, the parties will hereinafter be referred to according to their respective positions in the writ petition.

(3.) Respondent-1 had let out and the petitioner had taken on lease, a residential building bearing No. 57/41(2), Harshamahal Road, Hassan, town, in contravention of Ss. 4 and 5 of the Karnataka Rent Control Act, 1961 (hereinafter referred to as 'the Act'). Both of them filed declarations before the prescribed authority, House Rent Controller, Hassan (hereinafter referred to as the 'the Controller'). While the petitioner had sought for regularisation of his occupation of the residential building under sub-sec. (1) of S 31-C, respondent-1 objected to such regularisation on the ground that the petitioner owned to the name of his wife a residential building which had been let out. The petitioner's reply to such objection was that the building could not be regarded as a 'residential building. However, the Controller upheld the objection of respondent-1 taking the view that that building though had been put to a non-residential use, should be treated as a residential building since it could be used for residential purpose by making some additions and alterations to that building.