K. RAGHUNATH versus CHANDRASEKHAR AND ANR.

K. RAGHUNATH versus CHANDRASEKHAR AND ANR.

By the time the revision petition came up for hearing, the arrears of rent had already been paid within the period allowed under Section 29 and Rule 9. The High Court was not justified in dismissing the revision petition for non-payment before filing as the payment was made before hearing; no delay occurred.

Parties
Appellant: K. Raghunath; Respondents: Chandrasekhar and another
Jurisdiction
India
Judgment Date
01 December 2004
Procedural Posture
Civil Appeal / Appeal by Special Leave From Dismissal of Revision Petition by Karnataka High Court
Outcome
Appeal allowed; matter remitted to High Court for disposal of the revision petition on merit.
Legal Topics
Eviction, Limitation, Payment of Arrears, Revision Proceedings
Rent Control Landlord Tenant Eviction Limitation Payment of Arrears Revision Proceedings

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Parties

K. Raghunath

Appellant

Chandrasekhar and another

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Dismissal of Revision Petition by Karnataka High Court

Legal Issues

  1. 1 Whether the High Court was justified in dismissing the revision petition for non-payment/deposit of arrears of rent before filing revision under Section 50 of the Karnataka Rent Control Act, 1961.
  2. 2 Whether there was delay in payment of arrears of rent in compliance with Section 29 and Rule 9 of the Rules.

Ratio Decidendi

By the time the revision petition came up for hearing, the arrears of rent had already been paid within the period allowed under Section 29 and Rule 9. The High Court was not justified in dismissing the revision petition for non-payment before filing as the payment was made before hearing; no delay occurred.

Court Disposition

Appeal allowed; matter remitted to High Court for disposal of the revision petition on merit.

Orders

  • Appellant directed to deposit arrears of rent due as on 30th November 2004 within four weeks.
  • Parties to appear before Registrar General of Karnataka High Court on 17th January 2005.