MOHAMMED BASHEER AHMED Vs. HAKEEM NOORULLA SHERIEF

JUDGEMENT

(1.) This revision petition is presented by the tenant against the order passed by the Trial Court on the application filed by the landlord under the provisions of Section 29(4) of the Karnataka Rent Control Act, 1961. The Trial Court had previously allowed the application filed by the landlord under Section 29(1) of the Act while dismissing the application filed by the tenant under Section 18(2) of the said Act. The main petition before the Trial Court was filed by the landlord under Section 21(1)(h) and (p) of the Act seeking eviction of the tenant.

(2.) During the pendency of the main petition, an application was filed by the landlord under Section 29(1) of the Act. The said application was disposed off by the Trial Court by order dated 7-3-1991 on the ground that the tenant had after filing of the said application paid all the arrears of rent. However, on a second application filed by the landlord under the aforesaid provision the Court allowed the application holding that the tenant was in arrears of rent amounting to Rs. 4,200/- for the period August, 1990 to February, 1991. Since the tenant did not comply with the order in terms thereof, the landlord filed the application under Section 29(4) of the Act.

(3.) In defence to the second application filed by the landlord under Section 29(1) of the Act, besides the objections, the tenant had filed an application under Section 18(2) of the Act, contending that the landlord had received a sum of Rs. 50,000/- as "advance-deposit" at the time of inception of the tenancy in September 1988 and in terms of the said section he was entitled to adjust the rents payable to the landlord and also ask for refund of the amount collected by the landlord contrary to the provisions of Section 18(2) of the Act. Section 18 of the Act is reproduced below: