B. P. Singh, J. - (1.) This appeal by Special Leave is preferred by the petitioners impugning the judgment and order of the High Court of Karnataka, Bangalore of April 10, 2000 in HRRP No. 668 of 1999. The aforesaid Revision Petition was preferred by the petitioners against the order of eviction passed by the XVI Additional Small Causes Judge, Bangalore city dated 16th March, 1999 in HRC No. 2800 of 1992 on the grounds specified in Clauses (f) and (h) under the proviso to sub-section (1) of Section 21 of the Karnataka Rent Control Act, 1961, namely on the grounds of subletting of premises and bona fide personal need of the landlord.
(2.) The Revision Petition was presented on June 25, 1999 and was taken back to remove certain defects, whereafter it was presented on July 9, 1999. Only a day earlier, on July 8, 1999, the petitioners sent to the landlord a sum of Rs.2400/- by money order representing the arrears of rent due and payable to the landlord on the day of presentation of the Revision Petition. The High Court held that since on the date of presentation of Revision Petition namely on June 25, 1999, the arrears of rent had not been paid to the landlord, or deposited in Court, the Revision Petition was liable to be rejected for non-compliance with the provision of Section 29(1) of the Act. Section 29(1) of the Act provides as under:- "29. Deposit and payment of rent during the pendency of proceedings for eviction. - (1) No tenant against whom an application for eviction has been made by a landlord under Section 21, shall be entitled to contest the application before the Court under that Section or to prefer or prosecute (a revision petition under Section 50 against an order made by the Court on application under Section 21) unless he has paid or pays to the landlord or deposits with the Court or the District Judge or the High Court, as the case may be, all arrears of rent due in respect of the premises upto the date of payment or deposits and continues to pay or to deposit any rent which may subsequently become due in respect of the premises at the rate at which it was last paid or agreed to be paid, until the termination of the proceedings before the Court or the District Judge or the High Court, as the case may be."
(3.) This appeal along with Civil Appeal No. 4533 of 2001 (K. Raghunath vs. Chandrasekhar and another) came up for hearing before this Bench earlier. Civil Appeal No. 4533 of 2001 was allowed and the case was remitted to the High Court for disposal of the revision petition on merit. The aforesaid judgment is reported in JT 2004 (10) SC 404. We have in the aforesaid judgment noted the legal provisions and the decisions having a bearing on the question involved. The instant appeal was not disposed of since it was mentioned before us that the parties were negotiating a settlement out of Court. We gave some time to the parties for this purpose, but ultimately they informed us that the parties have not been able to work out a settlement.;