DILLIBABU Vs. ARUMAINATHAN

JUDGEMENT

(1.) THIS Civil Revision has been preferred agatffet the judgment and Decree, dated 16.12.2008 made in R.C.A. No. 2 of 2007 on the file of the Rent Control Appellate Authority/Principal Sub-Judge, Chengalpattu, confirming the order and decretal order, dated 12.12.2006 made in R.C.O.P. No. 8 of 2000 on the file of the Rent Controller/District Munsif Court, Chengalpattu.

(2.) AS per the impugned judgment, dated 16.12.2008 passed by the Rent Control Appellate Authority, order and decretal order, dated 12.12.2006 made in R.C.O.P. No. 8 of 2000 on the file of the Rent Controller was confirmed and the petitioner herein, who was the appellant in the R.C.A was directed to quit and deliver the vacant possession of the petition premises to the respondent/landlord, within a period of one month from the date of the order and accordingly, the appeal was dismissed with costs. Aggrieved by the Judgment,the petitioner herein has preferred the Revision.

(3.) HOWEVER, the revision petitioner, who was the second respondent in the R.C.O.P, filed a petition in M.P. No. 8 of 2002 in R.C.O.P. No. 8 of 2000, seeking permission to deposit the arrears of rent into the Court under Section 8(2) of the Act, but he was not permitted by the learned Rent Controller, on the ground he was not the tenant of the rental premises. In the R.C.O.P. itself, the respondent/landlord has specifically stated in paragraph number 7, that only Mohanra, the first respondent therein was the tenant and he shifted his residence to Thirukazhukundram, another place and the rented premises was sub-let by him to his brother, the petitioner herein, to carry on beedi business, contrary to the terms of the lease agreement, without the consent of the landlord.