ABDUL RASHEED Vs. SYED MOHAMED

JUDGEMENT

(1.) The revision by the tenant is directed against the order dated 4.10.1980, passed by the District Judge, Mysore in H.R.C.R.P. 13 of 79, confirming the order dated 21st Nov., 1978, passed by the Prl. First Munsiff, Mysore on I.A.I. in H.R.C. 363 of 77.

(2.) The landlord had filed the petition under S. 21 (1) (a) and (h) of the Karnataka Rent Control Act, 1961. While the said case was pending, tile landlord filed I.A.I. under S. 29 (4) of the Karnataka Rent Control Act (for short 'the Act') alleging that the opponent tenant had fallen in arrears of rent to the tune of Rs. 800 upto 25.9.1978 and hence he had no right to contest the petition.

(3.) The opponent tenant by his objections admitted the arrears of rent but urged that since the petitioner did not accept the rent, he had fallen in arrears, that he could not pay the same within a, short time.