T R JAGANATH Vs. GOKUL PROMOTERS PVT LTD

JUDGEMENT

(1.) THIS revision petition is filed by the tenant challenging the order dated 28-8-2008 under which all further proceedings in HRC No. 221/2003 has been stopped and he has been directed to put the respondent/ landlord in possession of the petition schedule premises within one month from the date of the order, failing which the respondent herein is at liberty to take possession of the premises by due course of law.

(2.) FOR the sake of convenience the parties shall be referred to in terms of their status before the trial Court as per their jural relationship.

(3.) THE respondent/landlord filed HRC no. 221/2003 under Section 27 (1) (a) and (r) of the karnataka Rent Act, 1999. During the pendency of the said petition an application under section 45 of the said Act was filed by the landlord on 23-2-2005 directing the petitioner/tenant to pay the arrears of rent from 1-2-2005 to 1-11-2007 amounting to Rs. 94,792/ -. On the said application an order was made on 22-2-2008 by the trial Court stating that there was no question of the trial Court to determining the arrears of rent since the same had been determined by this Court and thereby directed the petitioner/tenant to pay arrears of rent on or before 14-3-2008 (mentioned as 14-3-2007 in the said order) and up to the said date. It is an admitted position that the tenant has failed to deposit the arrears of rent on or before 14-3-2008. When the matter stood thus, an application was filed by the tenant for re-calling the order dated 22-2-2008. The said application was heard and by order dated 19-4-2008 it was rejected and the tenant was called upon to show cause as to why he could not be directed to put the landlord in possession of the schedule premises by stopping all further proceedings under Section 45 (4) of the Act. The case was then adjourned to 31-5-2008. In reply to the direction regarding show cause on 1-8-2008, a memo was filed stating certain reasons for the failure to deposit the rents on or before 14-3-2008. Subsequently, the matter was posted to 28-8-2008 on which date the impugned order has been passed. Aggrieved by the said order, the tenant has preferred this revision petition.