T GOPALSAMY Vs. R RENGANATHAN

JUDGEMENT

(1.) LANDLORD in R.C.O.P.No.8 of 1985 on the file of Rent Controller, Madurai are the revision petitioners.

(2.) ACCORDING to landlord, tenants are liable to be evicted on the ground that they have committed in payment of rent from July, 1983 to November, 1984 i.e., for the period of 17 months and have committed wilful default in paying the rent. Rent arrears comes to Rs.6,800 as on November, 1984. It is also said that they have already moved an application for fixation of fair rent and Rent Controller has fixed the same at Rs.1,290. The appeal filed by tenant was dismissed and it is said that C.R.P. taken against that order also was dismissed by confirming the decision of appellate authority on 3.4.1987. But in this case, we are not concerned about the fixation of fair rent. Eviction petition is filed only on the ground that the tenant has defaulted in paying rent at the rate of Rs.400 per month, which is agreed rent.

(3.) IT is therefore alleged that they have no intention not to pay rent. IT is also said that whenever amount is deposited intimation has been given to counsel for landlord then and there and only thereafter landlord used to withdraw the same from court. IT is her case that once parties have adopted a particular procedure in payment of rent i.e., depositing rent in court and withdrawal of rent from court by landlord that practice will have to be taken into consideration as valid payment. IT is their case that they are entitled to deposit rent as per the provisions of Rent Control Act during pendency of proceedings. According to them the rent for the month of December, 1984 was sent by money order on 10.1.1985 and the same was refused to be accepted by landlord. The conduct of petitioner in refusing to receive rent shows that they are interested only in evicting the tenants and landlords also did not choose to specify any bank in which rent should be deposited. Therefore, tenant moved an application under Sec.8(5) of the Act seeking permission to deposit rent in court and Rent from the months of December, 1984 are being deposited in R.C.O.P.No.31 of 1985. IT is said that landlords also have withdrawn that deposit. They prayed for dismissal of the application.