Sri Bhawarlal vs Sri Poonamchand on 8 July, 2008

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Karnataka High Court

Sri Bhawarlal vs Sri Poonamchand on 8 July, 2008

Bench: Subhash B.Adi

 2. s;i;J7uday$:~aj 

ill "1"!-IE H16}! COURT OF KARIIATAKA AT BAKGALORE
DATE!) THIS THE 8"' DAY OF JULY, 2908

BEFORE

THE H()N'BLE MR.JUS'l'ICE SUBHASH B.A£>.i:' f    '

 =

Sri. Bhawarlal, S/0. Mishrimal, Aged about 57 years, Canying business at No.4, rm. Lane, < Malavalli Papana La11c,,_ _ ' Chic,-kpet Cmss, :

BANGALORE. H _. _ ' PETYPIONER {By Sri. RD. as M. Advs.) AND: . _ .

S/0. Late Setc1:1.a1a3'i, W Agwpabout 72 ' No.1,§1'*L'Cmss, _ '*--.13.:{~.--« czmckpct, """ "

.Bjm~zQawREg55oo53.

Aged &b0-'--1t 3?? Years.

. S/o.'"'Sri;---- Ahdaiaikchand, H,No.4, 15!, F1. Lam:

V " ._('i's¥;zl_avaI'Ei Papatma Lane) Chickpct Cmss, _ BANGAIDRE-53. RESPONDENTS vk "(By M/s. Chalapathy & Srinivas, Adv-5., for C/RI, Sri. Srinivaa, V. Ramesha Babu, M.C. Kolekar 85 H. N.Suni1 Kumar) Au:-uocupauv-up This I-IRRP is ﬁled U] 346(1) of KR ACT, against the 012131' Dt.29.()5.2008 passed in HRC No.316/2006 on the ﬁk: of the Chief Judge. Count of Small Causes, Bangakare petition U] s.31( I)(c) of the K.R.Act, Seeking eviction. This revision petition co the Court made the following:

9.52.13 This rev1s1' 'on petition is di1eeted..:._egainst" dated 29.5.2003 in HRC No.315;m§ chicfsudgc of Small Causes, Bangalore.

2. 1" mspondeent under Sect1o' 11 27(2)[b)(i) R/W (1§(e)'--6t"'t31e Rent Act. 1999.

3. Befeieé tltte "matter was set down for cross the petitioner did not cmss wtzs nil. thereafter, an application was The Trial Court considering the app1ic'a4;io::,%.t'1;y~' :°1"t,»$_ dated 12.3.2003 anawcd the same AVgT's"i1i2ject to"««.payjzi1cxn3.?t't>f cost of Rs.4,000/- and adjourned the for cases exam'ma1ion of PW 1. It is on 17.3.%O8, PW} was not present and the teas posted to 19.3.2008, on which day, the petitioner cost and the matter was posted to 2.4.2008 for cross On the said day. petitioner was present and made a request that, there is a bereavement in his family and sought aHow1'_n'g.V :' the _ ming on for Admissioii K V' for adjournment. The adjournment was refused and the respondent side was treated as closed. Then the posted for argument on 16.4.2008. On the said day. adjournment was sought for by the %med "

petitioner on the ground of his client J rejected' and the matter was heard.

pronounced on 29.5.2008. The shy order dated 29.5.2903 allowed the" "$ection 31(1){c) ofthe Karnataka RcnittA¢g1'99rZJ.oo t'

4. Learned 'sﬁt3mits that, aﬂer the PW1 was was given to the petitionegf though submission was made in the family of the petitioner, and the petitioner side He submits that, the order is ao opportunity to the peﬁtaloner. _ 5. for the respondent landlord submitted ' " oe-'casion, similar applications were made and the V is adopting the delay tactics one or the other A. 6. No doubt, the order sheet shows that, on earlier occasion, PW1 was recalled. Nevertheiess on 12.3.2007. the learned Small Causes Judge having recailed the PW! for cross examination on the ground that. substantial justice has to be done to the petitioner. he should not have closed the side of the respondent, despite the request is made on the A4 bereavement. I find, one opportunity is requ1red' to 4.'.:e:to ' the petitioner to adduce his evidence and_if~the1e evidence by the landlord, the landletd at if evidence if any.

7. Considering the subtnission.----etf the eoamsei, and considering the order Causes Judge, I am of the to be interfered With.

8. is allowed. The impugned o:d¢:- set is remitted to the Sznail Causes Jutdge, a direction to permit the n?el1V't'ae the Vteeeondent to lead evidence on merit ef " under Scene' 11 27(2)(b)(i) of the Parties are directed to appear before the Canses Court, Bangalore, on 19.7.2008, on the zespondent landlord to lead evidence, if any. Vt the tenant to lead evidence if any without further j T.

9. The learned Small Causes Judge is directed to complete the enquiry within four months from 19.7.2008. An opportunity is now wanted to the Petitioner shall not seek uxmeccssaxy adjournment or delay the pmcectiings. Even otherwise, the Small Causes Judge should close within the outer limit of three months from 19.7.2008."A. T . ° *AP/ -

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