Research › Browse › Judgment

Karnataka High Court · body

1975 DIGILAW 64 (KAR)

J. MANDANLAL v. V. NARAYANASWAMY

1975-06-09

CHANDRASHEKARAIAH

body1975
( 1 ) THIS is a petition for review of my order dl. 13/14-8-1974 in CRP. 1423 of 1973, a revision petition under S. 50 of the Karnataka Rent Control Act, 1961 (hereinafter referred to as the Act ). The petitioner herein was the respondent in revision petition while the respondent herein was the petitioner therein. For the sake of convenience they will be referred to hereinafter as the landlord and the tenant respectively. ( 2 ) THE landlord had made an application under S. 21 of the Act for eviction of the tenant from the petition premises on the ground that he required the premises for his (the landlord's) own occupation. The front portion of the petition premises was being used by the tenant for carrying on his business and he was residing in the rear portion of the premises. In the revision petition I made a decree for eviction of the tenant from the residential portion and refused eviction from the non residential portion of the premises. ( 3 ) IN this petition, the landlord has praved for reviewing and setting aside my order in the revision petition. Alternatively, he has prayed that the order in the revision petition be modified so as tc permit him (the landlord) to construct a wall of 9" thickness running through the non-residential portion of the premises so as to provide a passage of 3 feet width to give access to the residential portion of the premises from the main road. ( 4 ) MR. M. Srirangaiah, learned Counsel for the tenant, raised a preliminary objection that an order made under the Act cannot be reviewed as there is no express provision in the Act providing for review of an order thereunder. ( 5 ) IT is true that the Act does not contain any express provision empowering the Court as defined in S. 3 (d) of the Act, or the Dist Judge or this Court tc review an order under the Act. The question is whether in the absence of such an express provision the Courts can exercise power of review in a matter arising under the Act. ( 6 ) IN National Sewing Thread Co Ltd v. James Chadwich and Bros, AIR. 1953 SC 357. The question is whether in the absence of such an express provision the Courts can exercise power of review in a matter arising under the Act. ( 6 ) IN National Sewing Thread Co Ltd v. James Chadwich and Bros, AIR. 1953 SC 357. the Supreme Court considered the question whether from the decision of a single Judge of the High Court in an appeal arising under the Trade marks Act, 1940, a Letters Patent appeal would lie to the Division Bench of that Court. The Trade Marks Act did not provide for such further appeal. The Supreme Court observed that after an appeal had reached the High Court, the future conduct or career of that appeal has to be determined according to the rules of practice and procedure of that Court and in accordance with the provisions of the Charter under which that Court is constituted and which confers on it power in respect to the method and manner of exercising that jurisdiction. Their Lordships held that the letters Patent appeal was competent even though Trade Marks Act did not expressly provide for such appeal. Their Lordships quoted with approval the following observations of the Judicial Committee of Privy Council in Adaikappa Chettiar v. Chandrasekhara Thevar, AIR. 1948 PC. 12. :" Where a legal right is in dispute and the ordinary Courts of the country are seized of such dispute the Courts are governed by the ordinary rules of procedure applicable thereto and an appeal lies if authorised by such rules, notwithstanding that the legal right claimed arises under a special statute which does not, in terms confer a right of appeal. " ( 7 ) IN the light of the above pronouncements of the Supreme Court and the Privy Council, ordinary Courts which have been seized of a dispute in respect of a legal right or liability under a special enactment, should be regarded as having power to adjudicate such dispute according to the ordinary rules of practice and procedure which would include, the power to review judgments and orders. Even in the absence of an express provision in the Act conferring the power of review, the Court as defined in s. 3 (d) of the Act, the Dist Judge and this Court, have in my opinion, power to review its or his decision. Hence I overrule the preliminary objection of Mr. Srirangajah. --- *** --- .