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1964 Supreme(Ker) 83

M.S.MENON, M.MADHAVAN NAIR
Narayanan – Appellant
Versus
Muralidhara Marar – Respondent


Judgment :-

1. This appeal is by the tenant whose application for issuance of a writ of certiorari to quash an order for his eviction has been dismissed by Govindan Nair, J.

2. The order of eviction passed by the Rent Control Court shows that there was a specific order to deposit the arrears of rent accrued during the pendency of the proceedings as required under S.12(2) of the Act, 16 of 1959, and that since it was "not deposited in full in spite of the court's order" eviction was ordered under S.12 of the Act. On appeal the Subordinate Judge vacated the same and remanded the matter for fresh disposal; but the Additional District Judge reversed that order observing:

"Further ... there was a specific order of that court to deposit the entire arrears. That order has not been challenged by the tenant and he is therefore estopped from contending that there are no arrears. The non-compliance with the order was therefore sufficient ground to order eviction."

3. S.12(2) of Act XVI of 1959 provides for an order fixing a time to deposit the arrears of rent accrued during the proceedings for eviction and sub-section (3) says that if that order is not complied with and no good cause is shown fo




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