RANGA NAIKA Vs. SARASWATHI RATNA BAI

JUDGEMENT

(1.) The petitioner in this revision application is the tenant respondent in HRC 256 of 1970 on the file of the Principal Munsiff at Mangalore, South Kanara. Two questions have been raised before this Court, both dealing with the interpretation of Ss.29(1) and 29(4) of the Mysore House Rent Control Act, 1961.

(2.) The landlord filed an application for eviction under S.21(1)(h) and 21(1) (j) of the Mysore Rent Control Act for eviction of the tenant. In the application it was stated that the tenant is a monthly tenant in respect of the premises on a monthly rental of Rs.15 which is exclusive of electric charges payable by the end of the month. In the counter statement filed by the respondent it was stated: "It is also true that this respondent is to pay a monthly rental of Rs. 15 and Rs.3 per month towards electricity charges". The tenant having not paid or deposited the rent for the months from February 1970 to June 1970, an application was filed on 17th July 1970 for an order under S.29(4) of the Mysore Rent Control Act. 1961. In support of the application. an affidavit was filed and in para 3 of the affidavit it was stated: "I say that the opponent is a monthly tenant under the petitioner on a monthly rental of Rs.15 exclusive of electricity charges" The tenant also admitted in the counter statement "that this respondent submits that he is liable to Rs.15 as rent and Rs.3 towards the electric charges" Thereafter in the counter statement, no explanation was given as fo why the amount was not deposited.

(3.) The learned Principal Munsiff who heard the said application passed the order under revision on 3-9-1970. He held that the tenant was highly irregular and indifferent in the payment of monthly rents and that no explanation has been given for the failure to deposit the monthly rents as and when they became due and no reasons were stated as to why further proceedings should not be stopped. Accordingly, he allowed the application, stopped further proceedings and directed the tenant to put the landlord in possession of the schedule premises within one month from the said date, i.e., 3-9-1970 It is against this order that the present revision application has been filed.