P S HUSSAIN Vs. C A KABEER

JUDGEMENT

(1.) MR. ?B. ?Kalathinathan for the petr.Caveator in person. 1. This Civil Revision Petition by the tenant under the Tamil Nadu Buildings (Lease & Rent Control) Act, 18 of 1960 as amended by Act 23 of 1973, is against the order dated 21-8-1989 in R.C.A. 495 of 1989 on the file of the VIII Judge, Court of Small Causes, Madras, reversing the order of the Rent Controller, in M.P. 3 of 1987 in R.C.O. P. 3084 of 1986.

(2.) THE said R.C.O.P. is for eviction of the petitioner from the petition premises on the ground of wilful default in the payment of rent for the period from 1-4-1982 to the end of August 1986. In the said R.C.O.P. the respondent landlord filed the abovesaid M.P. 3 of 1987 seeking an order under S. 11(4) of the Act. Earlier the landlord filed R.C.O. P.2115 of 1985 for fixation of fair rent for the said demised building and by an order dated 22-12-1983 the fair rent was fixed at Rs. 110-60 as against theagreed rent of Rs 20. He also held that there was no relationship of landlord and tenant between the parties; the appeal, therefore, was also dismissed. However, in the subsequent C.R.P., this court held that there was relationship of landlord and tenant between the parties and enhanced the fair rent to Rs. 146 per month by its order dated 28-2-1986. Since the said R.C.O.P. was filed on 1-4-1982, the petitioner tenant herein became liable to pay the rent at that rate, from 1-4-1982. THE review petition filed against the said C.R.P. order was also dismissed in October 1988. Subsequent to the above order of the C.R.P. the respondent-landlord filed the above said R.C.O.P. 3084 of 1986 for eviction on the ground of wilful default in the payment of rent for the above said period from 1-4-1982 till the end of August 1986 and also filed by the abovesaid M.P.3 of 1987 stating that the tenant should not be allowed to contest the R.C.O.P. unless he pays all the arrears of rent as per the fair rent fixed by this court on 28-2-1986 and praying for eviction under S. 11(4) of the Act. THE Rent Controller dismissed the said M.P. but the appellate authority in R.C.A. 495 of 1988 set aside the order of the Rent Controller and directed the tenant to pay a sura of Rs. 7479-43 on or before 21-9-1989 towards the arrears of rent due for the period 1-4-1982 till the end of August 1986 at the rate of Rs. 146 per mensem as fixed by this court on 28-2-1986. It is against the said order of the appellate authority the tenant has filed this revision petition.