M DOSS Vs. A SANKAR

JUDGEMENT

(1.) INVEIGHING the order dated 18.09.2009 passed in RCA No.356 of 2008 by the learned VII Judge, Court of Small Causes, Madras, in confirming the order dated 22.04.2008 passed in RCOP No.1063 of 2007 by the learned X Judge, Court of Small Causes, Chennai, this civil revision petition is focussed by the tenants.

(2.) HEARD both sides.

(3.) PER contra, by way of torpedoing and pulverising the arguments as put forth and set forth on the side of the revision petitioners/tenants, the learned counsel for the landlord would advance his arguments, which could pithily and precisely be set out thus: (a) Indubitably and indisputably, unarguably and unassailably the revision petitioners herein entered into compromise only under the respondent and in such a case, they ought not to to have entertained any doubt about the right of the respondent herein to receive rent. (b) Different reasons as put forth on the side of the tenants are nothing, but a ruse to wriggle out of their liability in not paying the rent during the period concerned. (c) Tendering of the amount by the tenants on the first hearing of the RCOP would not obliterate or absolve their liability to pay rent earlier itself to the landlord. (d) The cause of action accrued in favour of the landlord cannot be treated as one erased, because of the tenants' tendering of rent at the first hearing. (e) The respondent/landlord sent notice during the month of February 2008 about the default committed by the tenants in paying the rent and within two months the arrears of rent were not paid and that itself would attract the presumption as contemplated under the Act that they are in wilful default in payment of rent. Accordingly, the learned counsel for the respondent prays for the dismissal of the revision petition and for confirming the orders of both the Courts below.