T R JAGANATH Vs. GOKUL PROMOTER PRIVATE LTD

JUDGEMENT

(1.) HRRP No. 167/2008 is filed against the order dated 22. 2. 2008 passed on I. A. No. I under Section 45 of the Karnataka rent Act, 1999 (hereinafter referred to as the 'act' ). HRRP No. 150/2008 is filed against the order dated 19. 4. 2008 passed on LA. for recalling the order dated 22. 2. 2008.

(2.) RESPONDENT is a landlord. He had filed an application under Section 27 (2) (a) and (r) of the Act, inter alia alleging that, the petitioner herein is in arrears of rent and also on the ground that the premises is required for his personal use and occupation.

(3.) DURING the pendency of the said proceedings, two I. As. were filed in LA. Nos. 15 and 16. LA. No. 15 was filed to postpone or defer the orders on the Commissioner's report until the receipt of the fresh report. I. A. No. 16 was filed under Section 151 read with Section 94 (e) of the Code of Civil procedure with a request to reissue the Commission warrant to the BMP engineer. When these applications were rejected, a revision petition was filed by the tenant before this Court in HRRP No. 282/2006 against i. A. No. 16. On 1. 2. 2007 the said HRRP was dismissed for default. In this regard, the petitioner herein had filed two applications LA. No. 1/2007 and la. No. 2/2007 seeking recalling of the dismissal order dated 1. 2. 2007 with an application for condonation of delay of 179 days. On 10. 2. 2007, this court recalled the order of dismissal dated 1. 2. 2007 subject to certain conditions: