LAWS(KAR)-1974-9-16

SATYENDRA KUMAR Vs. M V RAMACHANDRA MURTHY

Decided On September 26, 1974
SATYENDRA KUMAR Appellant
V/S
M.V.RAMACHANDRA MURTHY Respondents

JUDGEMENT

(1.) These three revision petitions under S.50 of the Karnataka Rent Control Act, 1961 (hereinafter referred to, as the 'Act'), raise, a common question, as to the starting point of the period of limitation for arrears of rent which a tenant is required to pay or deposit under S.29 of the Act. The question is whether such starting point is:

(2.) In HRC.No.267 of 1971 (out of which CRP.No.1412 of 1973 arises), the landlord made an application moving the Court to take action under S.29(4) of the Act. The learned Munsiff, by his order dt.17-4-1073, directed the tenant to pay or deposit the arrears of rent for the period commencing from a date three years next before the date on which the petition under S.21(1) off the Act, was presented. The contention of the petitioner tenant in his revision petition is that the arrears of rent directed to be, paid or deposited, should have been limited to the period of three years next before the date of his order i.e. 17-4-1963.

(3.) In HRCA.127 of 1971 out of which CRP.2355 of 1973 arises, the learned Dist Judge, by his order dt.13-9-1973, directed the tenant to pay or deposit the arrears of rent for the period commencing from the date on which the petition under S.21(1) of the Act was presented, i.e., 15-9-1966. The contention of the petitioner-tenant in his revision petition, is that the arrears of rent directied by the learned Dist Judge to be paid or deposited, should have been restricted to the period of thrce years next before the date of his order, i.e., 13-9-1973.