GUMANI BAI Vs. K MUTHUSAMY

JUDGEMENT

(1.) This Revision has been filed under Section 25(1) of the Tamil Nadu Buildings (Lease & Rent Control) Act, 1960 (hereinafter referred to as the 'Act') against the fair and final order dated 21.10.2005 in R.C.A. No. 18 of 2005 on the file of the Appellate Authority cum Subordinate Judge, Udhagamandalam, confirming the fair and final order dated 13.4.2005 made in R.C.O.P. No. 19 of 1996 on the file of the Rent Controller cum District Munsif, Coonoor.

(2.) The Tenant is the Revision Petitioner and the Respondent is the Landlord. The tenancy is in respect of a non-residential premises bearing Door No. 21, V.P. Street Coonoor, herein after referred to as the petition premises. For easy reference, the parties shall be referred to as the Landlord and Tenant.

(3.) The Landlord filed a Petition for eviction under Section 10(2)(i) of the Act, alleging wilful default in payment of the monthly rent of Rs. . 300/-. The period of default was from 1.4.1995 to 30.6.1996. Initially the Eviction Petition was filed against one N. Prasenchand. Since after filing of the Revision Petition, he died, his legal heirs namely his widow Mrs. Renuga and his mother N. Gumanibai were impleaded as Respondents by an order dated 30.3.2000 in LA. No. 71 of 1999 and by an order dated 19.9.2002 in I.A. No. 80 of 2001 respectively. Earlier the Eviction Petition was taken on file by the learned Rent Controller and notice was issued to the Tenant returnable by 17.9.1996. On the first hearing date, the Counsel for the Tenant undertook to file vakalat and counter by 24.9.1996 and on 24.9.1996, vakalat was filed and time for filing the Counter was extended till 14.11.1996. On 14.11.1996, Counter was filed, the matter was posted for enquiry on 10.1.1997 and on the same day a sum of Rs. . 5,400/- was paid towards arrears of rent which was received by the Landlord without prejudice his rights and the payment was recorded by the learned Rent Controller.