V KRISHNA MUDALIAR Vs. LAKSHMI AMMAL

JUDGEMENT

(1.) This is tenant's appeal. Respondent-landlord field eviction-petition against the appellant under Section 10(2) (i) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (the Act) on the ground that the tenant committed wilful default in the payment of rent. The application was allowed by the Rent Controller. The appellate Court upheld the findings of the Rent Controller. The High Court dismissed the revision petition filed by the appellant.

(2.) The respondent purchased the premises in dispute on March 30, 1977. It is not disputed that at that time the appellant was occupying the said premisses as a tenant on a monthly rent of Rs. 60/-. The respondent filed a suit for declaration and injunction against the appellant alleging that after the purchase of the property by him the appellant surrendered the possession of the parmises to him but later on trespassed into the property. The appellant, in the suit, contended that he was a tenant in the property and had never surrendered possession of the building to anyone. The suit was dismissed. The appeal filed by the respondent against the said order was also dismissed.

(3.) The respondent served a notice dated August 12, 1981 on the appellant demanding arrears of rent for the period from March 30, 1977 to August 12, 1981. Section 10(2) (i) and the proviso thereunder which are relevant are as under :