CHANDRAPPA Vs. SUBRAMANYA

JUDGEMENT

(1.) This second Revision under Section 115 of the C.P.C., is presented by the tenant aggrieved by the order passed by the first Revisional Court allowing the petition of the landlord under Section 21(1)(a) of the Karnataka Rent Control Act, 1961 ('Act' for short).

(2.) The facts of the case in brief are as follows: The eviction petition was instituted by the landlord under Section 21(1)(a) and (h) of the Act. The trial Court rejected the claim made by the landlord under Section 21(1)(h) of the Act. But in so far as the claim made under Section 21(1)(a) of the Act, the trial Court found that the actual rate of rent was Rs. 15/- per month and the tenant was in arrears of rent to the extent of Rs. 140/-. The trial Court gave one month's time to the tenant to make payment. Aggrieved by the said order of the trial Court, the landlord preferred revision under Section 50 of the Act to the District Court at Shimoga.

(3.) Before the first revisional Court the landlord gave up his claim under Section 21(1)(h), but confined his claim only under Section 21(1)(a) and questioned the correctness of the order passed by the trial Court in granting one month's time to the tenant to pay arrears of rent of Rs. 140/-.