A M ABDUL KHADER Vs. BERNARD LOBO

JUDGEMENT

(1.) This petition under Sec.50 cf the Karnataka Rent Control Act, 1961 as it stood prior to the amendment by Act 31 of 1975 (hereinafter referred to as the 'Act'), is directed against the order dt. 11-9-1974 passed by the Dist Judge, SK, Mangalore on IA.III in HRC App.108 of 1973. By the said order, the learned Dist Judge has dismissed the appeal of the petitioner tenant.

(2.) The respondent -landlord filed an application under Cls(h) and (j) cf the proviso to S.21(l) of the Act praying for vacant possession of the schedule premises. The trial Court allowed the application and as against '.hat crder, the petitioner tenant filed HRC App.108 of 1973. During the pendency of the appeal, the landlord filed IA.III under Section 29(1), (2) and (4) of the Act cor-tending that the 'tenant had deposited the rent only upto 31-7-1973 and had no" deposited the rent thereafter and as such, the order under Sec.29(4) of the Act dismissing the appeal was to be passed. The tenan1. contended that the deposit of rent up-to-date had been made, but when notice of the deposit was sought to be served c-n the Counsel for dhe landlord by the Counsel of the tenant, the Counsel for the landlord refused to accept the notice and, therefore, IA.III ought to be dismissed.

(3.) The learned Dist Judge has observed in the course cf his order that the rent up-to-date had been deposited, but it was not accompanied by the prescribed fee for issue of notices. On this basis, he has further on observed that the question whether the Counsel for the tenant had notified the Counsel for the landlord as and when the deposit was made and that the Counsel for the landlord had refused to take notice need not agilate his mind, because the law, according to him, was that a deposit unaccompanied by the prescribed fee was not in law deposit of rent. He has relied upon the decision of this Court in K. J. Acharya v. L. Ravindra Rao((1965) 1 MysLJ. 221) . He has not gone into the question whether various items of deposit taken into consideration by him had or had not been made within the period prescribed by law for payment of rent.