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1985 Supreme(Kar) 246

CHANDRAKANTARAJ URS
M. G. BROTHERS – Appellant
Versus
M. A. NAGARAJ – Respondent


CHANDRAKANTARAJ URS, J.

( 1 ) THIS is a tenant's revision under Section 115 of the Code of Civil Procedure against the order dated 22-6-1985 made by the District Judge, Mandya, in C. R. P. No. 8 of 1985 on this file. By the said order he dismissed the revision of the tenant following a Division Bench ruling in the case of Medical Research Laboratory Private Ltd.-vs- K. C. Ajith AIR1985 kant 95 , AIR1985 KAR 95 , ILR1984 KAR 510 , 1984 (2 )Karlj267. Aggrieved by the same, the tenant has preferred this revision.

( 2 ) WHAT the Division Bench of this Court has ruled aad what the District Judge has done is to hold that a tenant cannot prosecute a revision petition unless on the date of the petition, he has paid or deposited all arrears of rent law-fully due to the landlord. Sri Rangaraju, Learned counsel for the tenant, strenuously contended that on the date of hearing of the revision petition, there were no arrears of rent due and payable and therefore the revision petition was not liable for dismissal, more so when the same has been admitted and stay of Munsiff's order of eviction granted. He drew my attention to the ruling of the Supreme Court in the case of Sheo Narain -vs- sher



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