B G ANAND RAO Vs. MOHAMMED AKBAR

JUDGEMENT

(1.) This revision petition is preferred against the order dated 24-2-1986 passed in Ex. Case No. 252/85 on the file of the I Addl. Munsiff, Hubli.

(2.) This C.R.P. is referred to a Division Bench by an order dated 25-2-1989 to decide whether the ratio of the decisions of this Court in Ralna Bai v N. Narayana, 1972(2) Mys. L.J. 185 and B. Bhoja vAlhanasius Joseph Rochie and Another, 1969(2) Mys.L.J. 552, still hold good, in the light of a decision of the Supreme Court in Ganesh Prasad Sah Kesari and Another v Lakshmi Narayana Gupta, AIR 1985 SC 964.

(3.) There was an order passed under Section 21(1)(a) of the Karnataka Rent Control Act, 1961 (hereinafter referred to as the 'Act') against the petitioner in H.R.C. No. 23/82 on 13-9-1985 directing the petitioner - Judgment-debtor - (tenant) to deposit the arrears of rent of Rs. 209/- within one month or to vacate and put the landlord in vacant possession of the petition premises in default thereof. The petitioner tenant could not deposit the arrears of rent of Rs. 209/- within one month from the date of the order. However, he deposited the arrears of rent on 15-10-1985 and made an application Misc. No. 14/86 before the Court below for extension of time for depositing the amount. In the meanwhile, the Execution Case No. 252/85 was also filed by the landlord for taking possession of the premises pursuant to the order dated 13-9-1985 passed in H.R.C. No. 23/1982 as the petitioner-tenant had failed to deposit the arrears of rent of Rs. 209/- within one month or vacate and hand over vacant possession of the premises to the respondent-landlord. The Court below considered the Execution Case No. 252/85 and Misc. Case No. 14/86 together. It came to the conclusion that it was not permissible in law to extend the time for depositing the amount and grant relief against forfeiture of the tenancy. Accordingly, the Court below dismissed the Misc. Case No. 14/86. The objections filed to the Ex. Case No. 252/85 were also rejected and a delivery warrant was ordered to be issued under Order 21, R. 35 of C.P.C. namely, for delivering the possession of the premises to the landlord-decreeholder.