M SIVAGAMI Vs. K S GANESAN

JUDGEMENT

(1.) The order dated 19.1.2007 passed in I.A. No. 78 of 2006 in R.C.O.P. No. 46 of 2006 by the Rent Controller, Madurai Town (Principal District Munsif Court), Madurai is being challenged in the present civil revision petition.

(2.) The respondent herein as petitioner has filed R.C.O.P. No. 46 of 2006 on the file of the Rent Controller. During the pendency of the same, he has filed the application in question in I.A. No. 78 of 2006 under Section 11 (4) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, wherein the present civil revision petitioner has been shown as respondent.

(3.) It is stated in the petition that the petitioner has filed Rent Control Original Petition No. 46 of 2006 so as to evict the respondent therein. The respondent has been enjoying the property mentioned in Rent Control Original Petition No. 46 of 2006 as a tenant and the petitioner is its owner. The respondent has agreed to pay monthly rental of Rs. 2,500/- and she has also agreed to pay rent of every month on or before 5th day of next month. The petitioner has used to make entries in a pocket notebook with regard to rent paid by the respondent. The respondent has paid rent for the month of February 2005 on 3.3.2005. After payment of monthly rent of February 2005, the respondent failed to pay monthly rent subsequently and now the respondent is bound to pay arrears of monthly rent for 13 months and it comes to Rs. 32,500/-. Under the said circumstances, the present petition has been filed for the relief sought for in the petition.