C DEJVADHASAN Vs. RAJAKUMAR

JUDGEMENT

(1.) Heard both sides

(2.) The tenant is the revision petitioner. The respondent/landlord filed RCOP No. 23 of 2004, on the file of Rent Controller, Nagercoil, for eviction of the revision petitioner on the ground of wilful default and owner's occupation.

(3.) The case of the respondent/landlord was that the revision petitioner had taken the property on lease for a period of one year from 02.02.1998 and paid a sum of Rs. 10,000/- as advance. The monthly rent was fixed at Rs. 625/- per month. After the expiry of the first year, the agreement was renewed for a period of two years from 01.02.1999 and the revision petitioner agreed to pay Rs. 700/- per month as rent. It is further stated that it was agreed between the parties that after the expiry of one year, the tenant has to pay Rs. 25/- in addition to the rent fixed and therefore, from 02.02.2001 the tenant has to pay Rs. 775/- per month and from 02.02.2002 at Rs. 850/- per month and so on. The tenant was paying Rs. 750/- per month from 02.02.2001 and from 02.02.2002 instead of paying Rs. 775/- per month, he was paying only Rs. 750/- and he defaulted in the payment of rent of Rs. 25/-. Subsequently, he did not pay the enhanced rent as stated above. The landlord further stated that his son is an unemployed graduate and is also suffering from diabetic and other diseases. His son is running a shop in the Shopping Complex No. 720 and the place is not sufficient for him to do the business and the tenanted premises is situate on the eastern side of the said shop. Therefore, the tenanted premises is needed for additional accommodation and for that purpose, the tenanted premise is required for the own occupation of the landlord's son. Therefore, notice was sent to the tenant, directing him to vacate and hand over the possession and also to pay the arrears of rent and there was no response from the tenant and hence, the petition was filed.