D F ROBERT Vs. S VIJAYAKUMARI

JUDGEMENT

(1.) THE tenant in R.C.O.P.No.25 of 1997 on the file of the Rent Controller-cum-Principal District Munsif, Tuticorin is the revision petitioner.

(2.) THE eviction was sought by the landlord on the ground that the tenant was committed wilful default in paying the rent and also on the ground that the building is required for their own occupation. I am not going to detailed discussion on the facts of the case except to state that while disposing of the rent control petition, the Rent Controller held that the landlord is not entitled to get eviction on the ground of alleged wilful default in payment of rent, but entitled to get eviction of the tenant on the ground of bona fide own occupation. According to the tenant, the rent is only Rs.800 per month whereas according to the landlord, the rate of rent is Rs.1,600. It is also admitted that the landlord has received advance amount of Rs.24,000.

(3.) AFTER hearing both counsels, the Appellate Authority held that is the duty of the tenant to deposit the entire rent that has become due on the date of filing the appeal, simultaneously with the filing of the same. The Appellate Authority further held that the deposit made by the tenant in proceedings under Sec.8(5) of the Act cannot be taken note of since the Rent Controller held that the application was filed without satisfying the pre-conditions. Since the deposits have not been made along with the appeal, the appeal is not maintainable.