SREENIVAS SHENOY Vs. VASUDEVA SHENOY

JUDGEMENT

(1.) THIS Revision Petition is referred to the Division Bench by the Order dated 14.2.1992 passed by the learned single Judge of this Court.

(2.) THE Revision Petition is directed against the order dated 22.8.1985 passed by the learned District Judge, Dakshina Kannada, Mangalore in C.R.P.No. 92/1983. THE said Revision Petition was directed against the order dated 21.3.1983 passed by the Munsiff, Udupi.

(3.) THE said application was resisted by opponent No. 2 in particular, while the relationship of landlord and tenant as between the parties to the application for eviction was not denied, the other allegations made in the application for eviction were not admitted by him. In particular, a contention was raised that the property in question is agricultural in nature and that therefore, the Court exercising its power under the Rent Control Act has no jurisdiction to deal with the matter. Similarly, while admitting that certain sum towards the rent was due, opponent-2 took up a contention that what was payable was fair rent and that the same has not been determined by the competent authority. Further opponent-2 also took up a contention that the forfeiture clause referred to in the application for eviction cannot be enforced, for the reasons reflected in his written statement. He also admitted the sub-lease but asserted that it was temporary and that they are not alienations within the meaning of the Transfer of Property Act. A contention was also raised that there was no impediment to sub-lease the property, Opponent-4 raised more or less similar contention.