LAWS(KER)-1994-6-34

CHELLAMMA VARGHESE Vs. CICEY

Decided On June 07, 1994
CHELLAMMA VARGHESE Appellant
V/S
CICEY Respondents

JUDGEMENT

(1.) The short point that arises in this revision is whether a tenant is liable to deposit the entire arrears due on the date of such deposit or whether it is sufficient to deposit the arrears of rent at the time of issue of notice as per the proviso to S.11(2)(b) in order to get an order for eviction on the ground of rent arrears vacated under S.11(2)(c) of the Buildings (Lease and Rent Control) Act.

(2.) Revision petitioner is the tenant of a building owned by respondent who sought eviction on various grounds including arrears of rent. The Rent Control Court allowed the petition on the ground of arrears of rent as well as bona fide need. The appeal preferred against that decision was dismissed. In the meantime first petitioner in the original petition died. The order for eviction was put in execution by the second petitioner. Two petitions were moved by the revision petitioner, one for getting the time for deposit extended and the other for clarification of the order and also to get the order passed under S.11(2)(b) set aside. Both the petitions were dismissed by the Rent Control Court. The matter was taken up in appeal as R.C.A. 75/93 and R.C.A. 76/93. In R.C.A. 75/93 an application was filed under O.6 R.17 of the Code of Civil Procedure for getting the memorandum of appeal amended by incorporating the following grounds as additional grounds 12 to 14.

(3.) Heard counsel for revision petitioner.