7 IN THE UIGH COURT OF K4RNATAKA RT BJ’0t ORE DATED THE 1ST DAY OF APRIL 199P BERE TE HON’E MR. JIJSTICE H, RANGAVITTAL4OHAR 8 Smt. K.Kri shnaverii w/o late Sri.Por’nuswarny, Major, R/a No.197, Upstairs, New BEL rbad, Davesandra, Bangalore €0 094. ,.,PEfITIONER (By Srl,R,B,Sadashivappa, Adv, for per,) — vs Sri,ajesh Shrrta s/o Sri,0,P,Sharra, N9jor, SharrnaSs Punjabi Restuarant, No.297, Ground Floor, New BEL Road, Devasandra, Banga1ore5j 094. • . .RESPCNDENT (By Sri,M.T.Nniih & Rssocites, 4dv for Reapt) 2. -2- H,R,R.P. fs filed u/s (1) of the KRC 4ct against the order dated F_2_1p98 passed in HRC No. 1812/1996 on the file of the VII 4ddl, Judge, Court of Small Causes, Bangalore. This HR.RP coming on for 44IS&ON this day, the court made the following: ORD ER dmit. With the consent of the learned counsels, the same i5 taken up for final hearing and disposed-off. Tenant had filed an apnlication under Seô,43 of the Karnataka Rent Control 1t contend irw that the respdt,/landlord without just and sufficient cause has disconnected the sanitary connection thereby depriving the amenity which the prnises had at the time o f entering i nto the t noy. . .3. . —3- This application was being enquired into by the learned Judge and during the enquiry, tenant made an application seeking for issuance of summons to the BWSSB Engineer to state whether sewerage lire has been drawn by the BSB to the schedule premises, Learned Judge has rejected the application, Aggrieved by the same, tenant has preferred this revision petition, It is the right of the party to examir such witnesses as h chooses in defence of the case unless there is sufficient ground to reject, rormally such application hae to be allowed more so ihere the di spite between the parties pertaiso the Cáct whether there is a sanitary connection from the BWSSB to the schedule property or rot, the evidence of the engineer way have relevae. Learned Judge s rot right in rejecting the application. , , 4, , The order of the learned Judge passed on I.,V is set—asides Conseanently IV, filed by tenant before Court below is allowed, disposed off Sd/ JUDGE T,:BY C,BY: RBY:/ copy A*sIstant Registrar ¶1 aigI Court of Karnaaka Baiga1ore-O 001 4 4