RATNA BAI Vs. N NARAYANI

JUDGEMENT

(1.) This is a tenant's revision petition against the order passed by the Principal Munsift Mangalore in HRC.No.63 of 1971 on IA.No.II. The respondent landlord made an application for eviction under S.21(1) (a) of the Mysore Rent Control Act, 1961, on the ground of non-payment of rent for the period 1-11-1969 to 20-2-1971. After the tenant was served with the notice of the suit she admitted the claim of the landlord as regards arrears of rent. The Court, therefore, made an order on the 20th August, 1971 under S.21(2) of the Act. A month's time was given to the tenant to pay all the arrears of rent. That period expired on the 20th September, 1971. On the 8th October, 1971, the tenant filed interim application No.II for extension of time for deposting the arrears of rent till the 15th October, 1971. It was explained in the said application that the tenant is an old lady of 60 years and that her son who was looking after her affairs was seriously ill and was admitted to hospital and it is therefore that it was not possible for them to comply with the order of the Court and to pay arrears of rent within the prescribed time. It was therefore, prayed that the time may be extended for making deposit.

(2.) The lower Court came to the conclusion that it has no competence 1o extend the time statutorily fixed by S.21 (2)of the Act. Hence, this revision petition by the tenant.

(3.) S.21(2) which has been substituted by Mysore Act 14 of 1960, reads as follows :