LAWS(MAD)-2010-6-354

K BALARAMAN Vs. K PONNURANGAM

Decided On June 08, 2010
K. BALARAMAN Appellant
V/S
K. PONNURANGAM Respondents

JUDGEMENT

(1.) THE Revision Petitioner/Appellant/Landlord has filed this Civil Revision Petition as against the order dated 10.1.2003 in R.C.A. No.19 of 2001 passed by the learned Appellant Authority viz., Sub-Judge, Vellore.

(2.) THE learned Appellate Authority viz., Sub-Judge, Vellore while passing order in R.C.A No. 19 of 2001 on 10.1.2003 has inter alia observed that -there is no room to come to the conclusion that the Respondent/Tenant has not paid the rent intentionally and has remained in arrears- and resultantly, held that the Rent Control Petition filed by the Revision Petitioner cannot be allowed and dismissed the Rent Control Appeal without costs.

(3.) ADDED further, it is the contention of the learned counsel for the Revision Petitioner/Landlord that the burden of showing that the default is not willful is on the Respondent/Tenant and the Respondent/Tenant has not discharged the same, which aspect has not been taken note of by both the statutory authorities under the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960.