S. R. CHICKAVEERAPPA SINCE LRS. v. K. VISHWANATHA SHETTY
2001-02-12
R.GURURAJAN
body2001
DigiLaw.ai
GURURAJAN, J. ( 1 ) 1. This petition is filed by the tenant challenging the order dated 2-6-1992 passed in HRC No. 618/1991. ( 2 ) THE Landlord filed a petition seeking for eviction of the respondent from the premises bearing No. 412, present No. 11, shradhanadabhavan Cross Road under Section 21 (1) (a) (c) (f) and (h) of the Act, The matter was contested. The learned trial Judge has ordered eviction under Section 21 (a) (c) and (f) of the Act and the ground under Section 21 (1) (h) is rejected in the impugned order. This order is challenged before me in this petition. 2. During the pendency of the petition an application is filed under section 29 (4) of the Act seeking an order to stop further proceedings and order eviction of the petitioner tenant from the premises. Objections were filed on 27-1-2001 to this application and additional objections were filed on 30-1-2001. ( 3 ) SECTION 29 (4) of the Act reads as under;"29 (4 ). If any tenant fails to pay or deposit the rent as aforesaid, the Court, the District Judge or the High Court, as the case may be shall unless the tenant shows sufficient cause to the contrary, stop a further proceedings and make an order directing the tenant to put the landlord in possession of the premises or dismiss the appeal or revision petition, as the case may be. " ( 4 ) IN this case I am not touching upon the merits of the matter. This petition is disposed of in the light of the application filed under section 29 (4) of the Act. The landlord in his application filed under section 29 (4} of the Act states that the petitioner was paying a rent of Rs. 200 per month. He is a chronic defaulter. As per the final order of the trial Court in HRC No. 518/1981 dated 2-6-1992 the petitioner was due in a sum of Rs. 460/- as on 24-4-1992 and the petitioner has not paid the subsequent rents to the petitioner. In addition to the said arrears of rent of RS. 460/-the petitioner is du towards rent from April, 1991 to August, 2000. In all there remains an arrears of rent for nearly 101 months. With this allegation the landlord has sought for stoppage of further proceedings in terms of section 29 (4) of the Act.
In addition to the said arrears of rent of RS. 460/-the petitioner is du towards rent from April, 1991 to August, 2000. In all there remains an arrears of rent for nearly 101 months. With this allegation the landlord has sought for stoppage of further proceedings in terms of section 29 (4) of the Act. In the objections filed on 27-1-2001 petitioner tenant state that they have paid the rents up to November, 2000 and that they are not in arrears of rent. The details payment as per the objection statement reads as under;