Abdul Basith vs. M Mahboob Khan

IN THE HIGH COURT OF KARNATAKA AT, BANGALORE

DATED THIS THE 11TH DAY OF APRIL 2000

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BEFORE

THE HON'BLE MR. JUSTICE M.P. CHINNAPPA

H.R.R.P.NO.224 of 2000

BETWEEN:

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ABDUL BASITH MAJOR PORTION OF NO.42 HUTCHINS ROAD ST.THOMSAS TOWN BANGALORE

... PETITIONER(S)

(By Sri/Smt : M A AZEEZ KHURAISHI )

AND :

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1 M MAHBOOB KHAN AGE:66 YRS S/O MOHD. ISMAIL KHAN NO.41/1, 3RD CROSS, HUTCHINS ROAD ST.THOMAS TOWN BANGALORE

ZAFARULLA KHAN AGE:50 YRS S/O MUSTAQ KHAN NO.41/1, 3RD CROSS, HUTCHINS ROAD ST.THOMAS TOWN BANGALORE ... RESPONDENT(S)

(By Sri/Smt : S A MUJEEB-C/R )

This petition is filed under Sec.50(1) of KRC Act against the order dated 11.1.2000 passed in HRC.No.10546/96 on the file of the XV Addl. Small Causes Judge, Mayo Hall, Bangalore, allowing the petition filed under Sec.211(1)(h) of KRC Act and dismissing the petition filed under Sec.21(1)(p) of KRC Act.

This petition coming on for orders this day, the Court passed the following:-

ORDER

Heard the learned counsel for the petitioner.

2. Admittedly the petitioner has not paid the arrears of rent as directed by the Court below xxxx at the time of preferring this revision petition. Hence, this petition is not maintainable.

3. Accordingly, this petition is dismissed.

At this stage, the learned counsel for 4. • hat the petitioner submitted Z minimum six months time may be granted to the petitioner to vacate the However, the learned counsel for the premises. respondent vehemently opposed to grant time on the ground that the petitioner is having alternative premises. Considering all the aspects, I hold that the petitioner is entitled for three months time. Accordingly, the petitioner is directed to deliver vacant possession of the petition schedule premises on or before the end of July,2000 subject to the the petitioner shall give an condition that

undertaking within one month before the Court below that he would deliver vacant possession within the time stipulated and shall also pay the arrears of rent and also future rent as and when it accrues.

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Sd/- JUDGE