R. GOVINDHAMMAL Vs. A. NIRMALA

JUDGEMENT

(1.) THE tenants having suffered an order of eviction before the authorities below have filed the above civil revision petition.

(2.) THE respondent/landlady filed a petition in R.C.O.P. No. 60 of 2000 on the file of the Rent Controller (II Additional District Munsif), Trichy under Section 10(2)(i) of Tamil Nadu Building (Lease and Rent Control) Act on the ground that the petitioners/tenants have not paid the rent from the month of December, 1996 onwards. Though the tenants have come forward with the plea in the counter that they paid the rent till August, 1999 and, therefore, the Rent Controller, on the basis of evidence found that the tenants paid rent only till August, 1999 and, thereafter, the rent was not paid. On appeal by the tenants, the learned Appellate Authority confirmed the same. Hence, the civil revision petition.

(3.) THE learned counsel appearing for the petitioners/tenants has submitted that the amount was already deposited on the first hearing itself. This Court in number of decisions has held that mere deposit of arrears of rent on receipt of summons or on the date fixed in the summons for appearance of the tenant would not rectify the disqualification suffered by the tenant already. Both the authorities below concurrently found that the tenants committed wilful default in payment of rent. In view of the said finding of facts by the authorities below, I do not incline to interfere with the same. Hence, the civil revision petition is dismissed. Consequently, C.M.P. No. 10889 of 2002 is also dismissed. Petition dismissed.