PUTTACHANNAIAH Vs. R VENKATARAM

JUDGEMENT

(1.) THE petitioner-tenant has filed the revision petition being aggrieved by the order dated 19th February, 2001 passed in H. R. C. No. 1576 of 1997 allowing the application filed by respondents-landlords under Section 29 (4) of the karnataka Rent Control Act, 1961 ('the old Act' for short) stopping all further proceedings in H. R. C. No. 1576 of 1997 and directing the petitioner to quit and deliver vacant possession of the petition premises to the respondents on or before 31-5-2001.

(2.) DURING the pendency of the proceedings before the Court below the respondents filed the application under Section 29 (4) of the old Act for stopping further proceedings and directing the petitioner to quit and deliver vacant possession of the petition premises. The petitioner did not appear before the Court below to resist the petition. The Court below on hearing the respondents held that the petitioner committed wilful default in paying the rent and thereby he did not comply with the order of the Court below passed on 18-11-1998 wherein he was directed to pay all arrears of rent from 1 -6-1997 to 31 -10-1998 at the rate of Rs. 50/- per month. The petitioner did not file any objections to the said application, nor did he show any cause for not paying or depositing the rent as directed by the earlier order. The Court, left with no other alternative, passed the impugned order which is challenged in this revision.

(3.) WHILE preferring the revision the petitioner did not deposit the entire rental arrears due from 1-6-1997 at the rate of Rs. 50/- per month. He only deposited the rents for the months of March, April and May 2001 when he was actually due rents from 1-6-1997 to May 2001. The office had taken objection to the non-payment of the entire arrears. However, by order dated 30-5-2001 the Court overruled the office objections as by then the petitioner had paid off all the rental arrears upto February 2001. The revision came to be admitted on 29-6-2001.