BALAKRISHNA MENON, JOHN MATHEW
CHANDRIKA AMMA – Appellant
Versus
MOHAMMED – Respondent
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. 1.1(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,
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