A T DASARATH KUMAR Vs. STATE OF MYSORE

JUDGEMENT

(1.) This is a revision petition filed by the landlord under S.50 of the Mysore Rent Control Act, 1961 against the order passed by the District Judge, Bellary in CMA. No. 11 of 1964.

(2.) The petitioner is the landlord of the suit premises and the respondent is the tenant. The suit property is situated in Hospet, Bellary District. On an application made under S.4(2) of the Madras Buildings (Lease and Rent Control) Act, 1946, fair rent was fixed on 4-11-1948 at Rs.185 per month for the suit premises. The Madras Buildings (Lease and Rent Control) Act, 1946 was repealed by the Madras Buildings (Leage and Rent Control) Act, 1949. By virtue of S.18 and S.20 of the Act the rent fixed under the repealed Act continued in respect of the said premises even after the new Act came into force. It is admitted by the landlord that the fair rent of Rs.185 was fixed on 4-11-1948. The Mysore Rent Control Act 1961 came into force on 31-12-1961 and all the corresponding Acts in the State of Mysore were repealed by S.62 of the Act. It is clear from S.62 of the Mysore Rent Control Act 1961 that the Madras Buildings (Lease and Rent Control) Act, 1949 is one of the Acts repealed.

(3.) After the Mysdre Rent Control Act, 1961 came into force, the petitioner made an application HRC. No.6 of 1963 to the Rent Controller and prayed for fixation of fair rent at Rs.350 per month. It appears that there was delay in filing the application by the petitioner; but that delay was condoned. The said application was opposed by the respondent. After condoning the delay in filing the application, the Rent Controller passed an order on 26-2-1964 fixing fair rent at Rs.350 per month as prayed for by the petitioner.