K C ABDULLA Vs. SALVADORE MASCARANHAS

JUDGEMENT

(1.) Another classic case of abuse of the process of this Court that should have met its watery grave on 4-1-1982, on which day the case was posted for preliminary hearing, but, alas that did not happen. On the other hand, this case has lingered on from that day with a series of interim orders made from time to time. In order to highlight the abuse of the process of the Court and the contentions urged by Sri S. K. Venkataranga Iyengar, learned senior Advocate appearing for the petitioner with his usual and remarkable perseverance, it is necessary to notice in the first instance the facts that are not in dispute.

(2.) One Salvadore Mascarenhas was the owner of residential premises bearing door No. 25 524J (1) situated at ward No. 25 of Mangaiore city. On or about 11-8-1966 the said owner leased the said premises to the petitioner on a monthly rent of Rs. 150 (Annexure A). In the course of my order I will refer to Salvadore Mascarenbas who is now dead and is represented by his legal representatives as the landlord.

(3.) On 20-2-1975 the landlord instituted a petition in HRC No. 52 of 1975 in the Court of the Munsiff, Mangalore (Annexure B) for eviction of the petitioner under cls. (c) and (h) of S. 21 of the Karnataka Rent Control Act, 1961 (hereinafter referred to as the Act) which was naturally resisted by the tenant on diverse grounds. On 9 10 1975 the landlord filed IA No. I under S. 29 (3) and (4) of the Act for stoppage of the proceedings on the ground that the tenant had failed to deposit the arrears of rent due by him which was opposed by the tenant. On 7-4-1976 the learned Munsiff found that the tenant was due in a sum of Rs, 2,550 for the period from 1-11-1974 to 31-3-1976 (Annexure-C) and made an order in these terms :