S K NARAINDAS Vs. RADHAKRISHNADAS

JUDGEMENT

(1.) The above interlocutory application is by the respondent-landlord. It is preferred pursuant to S.29(4) of the Mysore Rent Control Act, 1961 (hereinafter referred to as the Act).

(2.) The relevant allegations are that when the matter had been pending in the Court of the first instance an application under S.29(4) of the Act was preferred on 25-6-1969 by the landlord. During the pendency of that application the tenant (petitioner herein) paid up all the rents in arrears by 15-7-1969. Thus the tenant had availed himself of the opportunity to pay up all the arrears up to the date of payment in accordance with the provisions of S.29 of the Act. Thereafter the main petition for eviction was allowed, and later on affirmed by the learned District Judge in an appeal by the tenant under S.48 of the Act. The latter came to be disposed of on 28-9-1972. Thereafter, the tenant has preferred the present revision under S.50 of the Act on 22-11-1972.

(3.) But, between the date of disposal of the aforesaid appeal and the presentation of the revision, the tenant has defaulted in payment of rents for the months of August to November 1972. The rent for the month has to be paid on or before the 7th of it. The rents have not been paid inspite of repeated demands of the landlord. This in substance is the case of the landlord.