Karnataka Court September 1982 Judgments

Chunilal Parsuram Vs. Bombay Miscellaneous (Private) Ltd.

Court: Karnataka

Reported in: AIR1983Kant190; 1982(2)KarLJ585

1. This is the plaintiffs second appeal.2. The plaintiff is the landlord, and the defendant is his tenant in respect of the premises in question. The monthly rent stipulated is Rs. 250/-. The defendant (the respondent herein) is said to have fallen into arrears. Claiming a sum of Rs. 1290/- being the arrears of rent, the plaintiff brought the suit against the defendant-respondent in O. S. No. 195 of 1972 on the file of the 1st Additional I Munisiff, Bangalore City. The defendant in the suit contended that the plaintiff had received a sum of Rs. 1500/- at the commencement of the lease as premium and that he, the defendant, was entitled to get that sum adjusted out of the sum claimed by the plaintiff in the suit. Placing reliance on subsection (2) of Section 18 of the Karnataka Rent Control Act, 1961 (the Act), the Munsiff upheld the defendant's plea in his judgment dated 30-3-1973. This finding has been confirmed by the Principal Civil Judge, Bangalore by his judgment dated 20-2-1975 in...