JACOB CORLINO Vs. PRABHA V. SHENOY

JUDGEMENT

(1.) THIS revision petition under Section 115 of the Code of Civil Procedure is directed against the order dated 12.7.1976 made by the District Judge, South Kanara, Mangalore in C.R.P. No. 65 of 1976, on his file, confirming the order dated 27.2.1976 made by the principal munsiff, Karkala, South Kanara, on I.A. No. I in H.R.C. No. 6 of 1975, on his file, allowing the application for stopping further proceedings and directing the opponent to vacate and deliver up possession of the petition schedule premises in favour of the landlord.

(2.) I .A. No. I was instituted before the learned Munsiff on the ground that during the pendency of the proceedings the tenant did not pay the rents regularly and, as such, the Court had to stop further proceedings under Section 29(4) of the Karnataka Rent Control Act, (hereinafter referred to as 'the Act') and direct the tenant to put the landlord in possession of the petition schedule premises.

(3.) THE tenant no doubt resisted the application made under I.A. No. I. He denied that he was in arrears of rental for 22 months as on 31.1.1974. He was in arrears of rental only for 12 months. He cleared the admitted arrears of rental according to him.