CHANDRIKA AMMA Vs. MOHAMMED

JUDGEMENT

(1.) The question that is referred for decision by a Division Bench is whether on the mere filing of a revision petition before this Court under S.115 of the Code of Civil Procedure and its dismissal at the admission stage the tenant could still bargain for another one month provided under S.11(2)(c) of the Kerala Buildings (Lease and Rent Control) Act, 1965, hereinafter referred to as the Act.

(2.) The landlord, the revision petitioner, filed a petition for eviction under S.11(2)(b) of the Act on the ground that rent is in arrears, which was allowed by the Rent Control Court. However, three months' time to pay the arrears was granted by the order of the Rent Control Court under S.11(2)(c) of the Act. The tenant, did not pay the arrears, but filed an appeal The appeal was dismissed. But the appellate authority granted another two months' time for depositing the arrears. The respondent did not deposit the arrears, but filed a revision petition under S.20 of the Act before the District Court. The District Court dismissed the revision petition, but granted another two months' time from 23-1-1978, i.e. the date of dismissal of the revision petition. Without paying the arrears, the tenant filed a revision petition under S.115 CPC before this Court as CRP. No. 1584 of 1978 and that was dismissed at the admission stage, by order dated 14-6-1978 There is no dispute that the arrears of rent was deposited before the Rent Control Court within one month after the dismissal of the Civil Revision Petition.

(3.) Subsequently, the tenant respondent filed IA No. 1533 of 1978 before the Rent Control Court under S.11(2)(c) of the Act for vacating the eviction order. The Rent Control Court held that the deposit was not made in time and dismissed the IA. However, the Appellate Authority reversed that decision and that decision was confirmed by the District Court in revision under S.20 of the Act. The present revision is filed under S.115 CPC against the said order of the District Court.