G BALASUDARAM Vs. M ESHWARAIAH

JUDGEMENT

(1.) THE unsuccessful landlord has come up with this revision petition under Section 115, C. P. C. to set aside the order dated 23-9-2006 passed by the Principal District judge, Bellary in HRC. Revision No. 15/2005 dismissing the order dated 8-11-2005 passed by the Prl. Civil Judge (Jr. Dn.), Bellary in hrc No. 6/2004.

(2.) THE main grounds urged by the revision petitioners are that the Revisional Court has totally misinterpreted the law laid down by this Court in the case of Manohar Tuljaram v. Vallabha Ramagopal, reported in ILR 1989 kant 968. There is no contract of agreement entered into between the parties with regard to adjustment of the arrears of rent payable by the respondent-tenant. So in the absence of such an agreement, the Court cannot say that the amount borrowed by the landlord can be adjusted towards the rent due by the respondent. The provisions of Section 27 (2) (a)of K. R. Act of 1999 reads that :-

(3.) HEARD the arguments of the learned counsel for the revision-petitioners and learned Counsel for the respondent.