Venkataramanappa Vs. Narayanachar

karnataka rent control act, 1961 (karnataka act no. 22 of 1961) - section 29(4) - showing cause part of action in depositing rent circumstances justifying sympathetic attitude towards innocent non-contumacious tenant to be considered. ;as and when the tenant makes the deposit and if there is a delay, the showing cause should be a part of the action in depositing the rent...one cannot say what situations will arise in a man's life and no principle of universal application governing all situations can be stated in a rigid formula; there may be circumstances justifying a sympathetic atitude towards an innocent, non-contumacious tenant. - order 41, rule 27: [manjula chellur & a.s. pachhapure, jj] production of documents at appellate stage - grant of occupancy rights record of rights pertaining to land in question not produced by appellant tenant before writ court while claiming occupancy rights however, same was produced before appellate court while challenging rejection of grant of occupancy right held, appellate court ought to have allowed the production of documents. karnataka village offices (abolition) act (14 of 1961 section 8 & karnataka land reforms act (10 of 1962) section 126: [manjula chellur & a.s. pachhapure, jj] grant of occupancy rights re-grant in favour of respondents who were the legal heirs of inam holder in view of abolition of village offices appellants being the tenants of inam holder claiming occupancy right in land record of rights in the name of predecessors in interest of appellants in column pertaining to cultivators for period prior to date of abolition of village offices and thereafter respondents produced no documents to show that their name was in cultivators column of property register held, inference could be drawn that lease continued in favour of appellants when karnataka land reforms (amendment) act came into force. rejection of application of appellant for grant of tenancy rights, is improper. .....the tenant is not entitled to show cause against an action under section 29(4). one cannot say what situations will arise in a man's life and no principle of universal application governing all situations can be stated in a rigid formula; there may be circumstances justifying a sympathetic attitude towards an innocent, non-contumacious tenant. in the instant case, while depositing the subsequent arrears, the tenant has simultaneously explained the reasons for the defaults; the cause against stoppage of proceedings was shown as part of and incidental to the process of depositing the rents.3. admittedly, in this case the tenant is a flower vendor. the rent is only rs. 15/- per month. this explanation is that his wife was seriously ill and he could not deposit the amount of rs. 15/- whatever may be the objections of the landlord, the fact remains that -the petitioner-tenant is in a very difficult position. a sympathetic attitude will have to be shown while appreciating his explanation. in the circumstances, i set aside the order under revision. the deposit made shall be accepted and paid over to the landlord. the trial court shall expedite the main matter and shall dispose of the main case before the end of january, 1991. it is also clarified that in case the petitioner commits any further default a very strict view shall be taken under section 29(4). the c.r.p. is allowed accordingly.