RAJAGOPALA KINI Vs. SREENIVASAN

JUDGEMENT

(1.) Landlord in proceedings under the Rent Control Act (Act 2/65) is the revision petitioner. He filed R. C. O. P. 259/72 for evicting the tenant on three grounds: arrears of rent, bona fide need for own occupation, and need to reconstruct. The tenant claimed kudikidappu rights, but on a reference to the Land Tribunal under S.125 of Act I of 1964, that was found against. Thereafter, counsel for the tenant made an endorsement admitting arrears of rent, and the landlord gave up the other grounds. The Rent Control Court thereupon passed an order on 15-2-77, under S.11(2)(b), holding that rent was in arrears from 1-2-1971 at the rate of Rs. 6/-a month, and directing the tenant to put the landlord in possession of the building. One month's time was also granted to the tenant under S.11(2)(c), for paying off the arrears.

(2.) The tenant did not deposit the arrears; instead, he filed an appeal. And the landlord objected to its maintainability on the ground that none could be "aggrieved", within the meaning of S.18, by an order based on consent. The appellate authority overruled the objection in the following terms:-

(3.) The landlord took up the matter under S.20, contending that the appellate authority should not have entertained the appeal at all; but the learned District Judge was not disposed to agree. He dismissed the revision and observed: