R KUMAR Vs. VINOD K CHAWLA

JUDGEMENT

(1.) this revision petition has been filed by the tenant against the impugned order passed under Section 29 of the Karnataka Rent Control Act, 1961 (hereinafter in short the act only). By this Order, the court below has directed the petitioner-tenant to pay Rs. 7,720/- as arrears of rent within one month from the date of the order and continue to pay future rent at the rate of Rs. 950/- p.m.

(2.) the petitioner is a tenant in an old structure, which was subsequently purchased by the landlord. At the request of the landlord, the petitioner vacated the said premises with an understanding that he would be reinducted in the new structure which was to be constructed by the landlord, for running his business. An agreement to that effect was entered between the parties on 17-2-1984. Subsequently, when the premises was about to be completed, parties entered into another agreement dated 8-2-1985 (ex.p. 1), clause (k) of the condition No. 7 of the said agreement reads as under : "(k) the lease could be renewed on the expiry of 11 months by mutual consent. However, in case of renewal of the lease beyond 3 years then the rent payable to the first party shall be enhanced by the second party at 12 l/2% per month of the then existing rent and upon such renewal the second party shall be liable to pay the enhanced rent to the first party accordingly. This procedure of enhancement of rent every 3 years will be continued".

(3.) pursuant to the said agreement to lease on completion of the building, the petitioner was given possession of site No. 130 with effect from 1-4-1985. Ex.p. 2 evidences the delivery of possession and payment of security, as also an agreement for payment of rent at the rate of Rs. 750/- p.m. at the first instance, which the petitioner continued to pay to the respondent-landlord.