T. ELAMURUGAN Vs. G. JAYACHITRA

JUDGEMENT

(1.) Against the order of eviction, the tenant is before this Court with this Revision.

(2.) The case of the respondent/landlady is that, the petition mentioned property has been leased out to the petitioner on a monthly rent of Rs.4500/- and the tenancy is for the residential purpose. The petitioner/tenant has willfully committed default in paying the rent, from the month of June 2005 till April 2012. In the above circumstances, eviction petition has been filed by the respondent/landlady in RCOP No.1202 of 2012 on the file of the XI Small Causes Court, Chennai.

(3.) The petitioner/tenant contested the above petition on the ground that, there is no jural relationship of landlord and tenant exists between the petitioner and the respondent. The respondent/landlady, has entered into a sale agreement on 13.05.2005 with the petitioner/tenant for the sale of petition mentioned property and the total sale consideration was fixed at Rs.7,50,000/-. On the date of Agreement, a sum of Rs.2,00,000/- has been paid as an advance. Pursuant to the same, the tenant also paid a further sum of Rs.50,000/- on 29.06.2005. Even though the tenant is ready and willing to pay the balance of sale consideration and also expressed his willingness to get the sale deed executed on 10.10.2007, it is only the landlady has refused to perform his part of contract. In the above circumstances, the tenant filed a suit in O.S.No.14552 of 2010 on the file of the XV Assistant City Civil Court, Chennai for specific performance to execute a sale deed pursuant to the Sale Agreement entered into between the parties. The jural relationship of landlord tenant has come to an end as the petitioner/tenant has been put in possession pursuant to the Sale Agreement. Hence, the eviction petition is not maintainable. That apart, the petitioner/tenant has already paid substantial amount towards part of sale consideration. Hence, there is no necessity to pay the rent, and non-payment of rent is not willful.