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1994 Supreme(Ker) 168

K.K.USHA
Chellamma Varghese – Appellant
Versus
Cicey – Respondent


Judgment :-

Balanarayana Marar, J.

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 bonafide 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.













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