K. Subba Rao vs M/s. Laxminarayana Complex

Hari Nath Tilhari, J.—This is a revision application u/s 115 of the Code of Civil Procedure, from the order dated 30-8-95, passed by the Principal District Judge, D.K., Mangalore, rejecting revisionist''s application u/s 24 of the Code of Civil Procedure, seeking withdrawal of House Rent Case No. 50/92 from the file of Second Additional Munsiff, Mangalore and to transfer it to some other Munsiff s Court for trial and disposal.

Learned District Judge had considered the ground on which the transfer was sought and that ground has been repeated before me by learned Counsel for the applicant. That ground has been to the effect and which has been the only ground taken in the Court below as well that as the alleged Munsiff had decided the suit for recovery of arrears of rent bearing O.S. No. 911/90 and after the decision of that case which had gone against the applicant, the applicant started apprehending that in this present house rent case No. 50/92 u/s 21(1)(a) of the Karnataka Rent Control Act, he may not get justice. Learned District Judge has considered that matter. Learned District Judge, in my opinion, has acted rightly in dismissing the application for transfer sought on this simple ground that since one case has been decided against the applicant, therefore he apprehends in other case he may not get justice. Really transfers sought on such grounds if they are allowed they will only create a grave damage to the administration of justice and hamper the course of justice. If a party is aggrieved from a judgment of a Court, he has got a remedy to file a appeal or revision or writ petition but that cannot be allowed to be taken as a ground for transfer of the other cases from a particular Court.

Therefore, in my opinion the learned District Judge did not commit any error of law or fact or error of jurisdiction nor illegality etc. in dismissing the petition for transfer. Really the order of the District Judge does not suffer from any jurisdictional error. Revision is without merits and is hereby dismissed.