C PANDITHURAI Vs. JAITHOON BIBI

JUDGEMENT

(1.) THE respondent in R.C.O.P.No.3 of 1987 on the file of the Rent Controller (District Munsif), Madurai Town is the petitioner in this civil revision petition. THE petitioner in the said R.C.O.P. is the respondent herein. For the sake of convenience the parties are referred to in this order as per the nomenclature given to them in the R.C.O.P.

(2.) THE petitioner filed R.C.O.P.No.3 of 1987 against the respondent for eviction under Sec.l0(2)(1) of the Tamil Nadu Buildings (Lease and Rent Control) Act XVIII of 1960. THE case of the petitioner in the above mentioned R.C.O.P. is as follows: THE petitioner is the owner of the petition mentioned premises. THE respondent is the tenant on a monthly rent of Rs.75. THE respondent committed wilful default in payment of rent for 17 months for the period from 17.11.1979 to 12.4.1981 and on the date of the filing of the petition for eviction, the arrears of rent due from the respondent comes to Rs. 1,275. THE respondent sent two months'rent viz., for the months of Purattasi and Aipasi of Rowthri year by money order in December, 1980. Since the respondent was in arrears for several months the petitioner refused to receive the money order and sent a letter to the respondent on 18.12.1980 stating the reason for refusing to receive the money order.

(3.) AT this juncture, Mr.Chinnachamy, learned counsel for the respondent requests one year time for the tenant (respondent) to vacate the premises. Taking into consideration the fact that the respondent is carrying on business in the petition mentioned premises, the respondent-tenant is granted nine (9) months'time to vacate the premises on condition that the respondent files an affidavit within three weeks from today undertaking to vacate the premises after the expiry of the period of nine months granted as above and on fu'rther condition that the respondent pays the entire arrears of rent within 8 weeks from today and continues to pay the rent till he vacates the premises.