LATHAKUMARI Vs. NARAYANA PAI

JUDGEMENT

(1.) UNDER challenge in this revision is the order of eviction passed under Section 11(2)(b) of the Act. The landlord contended that the revision petitioner has kept the rent in arrears which is payable at the rate of Rs.3000/- per month. A notice was sent under the proviso to Section 11(2)(b) of the Act. Though intimation was given by the postman, the revision petitioner did not turn up to receive the notice and hence the notice was returned. Thereafter, the RCP was filed.

(2.) THE revision petitioner filed objection to the rent control petition stating that the rate of rent payable is Rs.600/- and that the rent was sent by money order and that no rent was kept in arrears. After appreciating the oral and documentary evidence adduced by the parties, the Rent Control Court came to the conclusion that the monthly rent payable by the tenant is Rs.3,000/- and that the rent was kept in arrears as mentioned in the RCP. THE Appellate Authority after re-appreciating the evidence endorsed the view taken by the learned Rent Controller and thus, the appeal was dismissed.

(3.) THE only other ground which has been seriously pressed into service by Sri.Gracious Kuriakose, the learned counsel for the revision petitioner is that Ext.A1 notice was not sent in the correct address and as such the notice is bad. Ext.A2 is the returned notice which shows that the intimation was given to the revision petitioner but he did not turn up to receive that notice. THE contention that the address shown in Ext.A2 is not the address shown in the RCP was well explained stating that even according to the tenant she shifted the residence only in 2004. THE rent control petition was filed in 2004 whereas Ext.A2 notice was sent in October 2003 in the former address. This aspect was also considered by the learned Rent Controller in detail. We find no illegality, irregularity, or impropriety in the finding so entered by the Courts below. Admittedly the rent as mentioned in the RCP was not paid by the revision petitioner and hence the order of eviction passed by the authorities below is only to be confirmed.