PERYAKKAL Vs. DAKSHAYINI

JUDGEMENT

(1.) Petitioners in this revision petition are the heirs and legal representatives of the deceased tenant. An application for eviction has been filed by the landlord under the provisions of the Mysore Rent Control Act, 1961, hereinafter called the Act As the tenant did not pay the agreed and undisputed rent that he was obliged to pay even during the pendency of the eviction proceedings, the landlord made an application under Section 29(1) and (4) of the Act. The said application has been granted and so the petitioners have approached this court challenging the legality and correctness of the said order.

(2.) Only two objections were raised in the Court below, namely, that the provisions of the 1961 Act are inapplicable to the premises in question and that an order under Section 29 of the Act should not be passed without first directing payment of arrears of rent and giving an opportunity to the petitioners to pay the same. It is these very objections that were negatived by the court below, have been again urged before me in this revision petition.

(3.) It is not disputed that the subject-matter of. lease is an op_en space, which has been let out for carrying on business. In the petition it has been stated as for non-residential purpose, i.e., for doing business of Motor Body building. Section 3 (a) of the Act defines "building" and Section 3 (n) defines "Premises'. According to the definition Tremises", means: (i) a building as defined in Clause (a); (ii) any land not used for agricultural purposes. Part V of the Act deals with the control of eviction of tenants and obligation of landlords. Section 21 of the Act states that no order or decree for the recovery of possession "of any premises" shall be made by any court or other authority in favour of the landlord against the tenant, unless the conditions laid down are satisfied. The provisions of Section 21 are applicable to any premises and not merely to building. Section 29 states that no tenant against whom an application for eviction has been filed under Section 21, shall .be entitled to contest the proceedings etc. It may be seen that Section 29 is attracted in all cases where eviction is sought. The result is that even regarding premises, in question provisions of Section 29 are attracted. (Underlining is mine).