RAJA MOHAMMED Vs. V D MURUGESAN

JUDGEMENT

(1.) THE landlord is the revision petitioner. He sought the eviction of the respondent/tenant under Section 10(2)(i) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 18 of 1960 as amended by the Act 23 of 1973, hereinafter referred to as the Act" on the ground of wilful default in the payment of rent.

(2.) THE allegations in the petition for eviction are as under: THE respondent became a tenant under the revision petitioner on a monthly rent of Rs. 130 in the year 1983, the rent being payable before the end of every English calendar month. He is a chronic defaulter in the payment of rent and he also inducted a third party into the possession of the building. THE revision petitioner filed an application for eviction in R.C.O.P. No. 62 of 1983 before the District Munsif, Mayiladuthurai on the grounds of wilful default and unauthorised sub-letting. Eviction was ordered on 14.3.1986 against which the respondent filed an appeal in R.C.A. No. 15 of 1986 and the appeal was dismissed by the Appellate Authority on 24.4.1989. However, the respondent filed C.R.P. No. 1353 of 1989 before this Court and at the time of filing the present eviction petition the revision was still pending. Even after the commencement of the proceedings in the year 1983 the respondent had been very irregular and was paying the rent only in lump sum. On 6.7.1988 he made a lumpsum payment of Rs. 1,040, on 15.2.1989 he made an another lumpsum payment of Rs. 910, on 27.7.1989 Rs. 650, on 7.9.1989 Rs. 260, on 3.3.1990 Rs. 700 and after a lapse of one year Rs. 1,950 on 1.6.1991 towards rent due till May, 1991. THE respondent had been making consolidated payments notwithstanding the warning administered by the revision petitioner that the rent should be paid every month. THE rent for June and July, 1991 in a sum of Rs. 260 remained unpaid.

(3.) AGGRIEVED, the present civil revision petition has been filed.