MANOHAR TULAJARAM Vs. VALLABHA RAMAGOPAL

JUDGEMENT

(1.) This is a revision petition under Section 115 C.P.C. against concurrent findings of fact. Petitioner is a tenant and he is a tailor, by profession. Respondent-landlord sought eviction of the premises under Clauses (a) and (h) of Section 21(1) of the Karnataka Rent Control Act. Tenancy is admitted. The landlord alleged that tenant is not regular in payment of rents; he had to pay arrears of Rs. 290/- upto 1-12-1979, and subsequently he had not paid the tenants at all. Landlord gave notice on 17-11-1980; though it was served, it was not replied.

(2.) The tenant contended that the premises are leased on annual rental basis. In practice the landlord, who used to get his clothes stiched, was adjusting the tailoring charges, towards the rents. He alleged that on 24-4-1980, he had handed over Rs. 200/- to Ramshetji; on 14-7-1980, he had handed over Rs. 200/- to Mota Shetji; on 10-11-1980, he had handed over Rs. 400/-to Mota Shetji; similarly he had given Rs. 100/- to Satyanarayana. Landlord had to pay Rs. 300/towards his tailoring charges. Towards the tailoring charges due from Shankrappa Ambigar, he had to pay a sum of Rs. 100/-; similarly a sum of Rs. 60/- is due from landlord for another item of tailoring. He asserted no rents are due for the years 1979-80, 1980-81; for the year 1982, excess amount is with the landlord. Thus he owes no amount towards the rents. On the contrary, a sum of Rs. 160/- is to be paid by landlord. Thus he pleaded discharge by way of set off.

(3.) On these pleadings, Principal Munsiff and 1 additional JMFC, raised points for determination, as found in para 8 of his Judgment dated 29-3-1984. The learned Judge dismissed the claim of landlord under Clause (h) i.e., bona fide and reasonable requirement. On the claim under Clause (a), he passed a conditional order directing tenant to pay or deposit Rs. 290/- and further directed him to pay rent at Rs. 50/- per month from 1-12-1979 to 30-6-1981, within one month. In default of payment, the tenant was directed to vacate.