CHUNILAL PARASRAM Vs. BOM MISC P LTD

JUDGEMENT

(1.) This is the plaintiff's second appeal.

(2.) The plaintiff is the landlord, and the defendant is his tenant in respect of the premises in question. The monthly rent stipulated is Rs. 250. The defendant (the respondent herein) is said to have fallen into arrears. Claiming a sum of Rs. 1,290, being the arrears of rent, the plaintiff brought the suit against the defendant- respondent in OS No. 195 of 1972 on the file of the I Addl. I Munsiff, Bangalore City. The defendant in the suit contended that the plaintiff had received a sum of Rs. 1,500 at the commencement of the lease as premium and that he, the defendant, was entitled to get that sum adjusted out of the sum claimed by the plaintiff in the suit. Placing reliance on sub-sec. (2) of S. 18 of the Karnataka Rent Control Act, 1961 (the Act), the Munsiff upheld the defendant's plea in his judgment dt. 30 3 1973. This finding has been confirmed by the Prl. Civil Judge, Bangalore by his judgment dt. 20 2 1975 in RA No. 157 of 1974 on his file. These concurrent findings arc challenged by the plaintiff in this second appeal.

(3.) Admittedly when this lease came into existence Part III of the Act was not applicable to the premises in question.