MAZDA ICE MANUFCTURING COMPANY Vs. SOCIETY FOR PREVENTION OF CURELTY TO ANIMALS BY ITS SECRETARY C A VASUDEVAN HAVING HIS OFFICE AT NO 34 VEPERY HIGH ROAD MADRAS

JUDGEMENT

(1.) C.R.P.No.1525 of 1999 arises out of R.C.O.P. No.2495 of 1992, which was filed for eviction on the ground of wilful default and acts of waste. C.R.P. No.1524 of 1999 arises out of R.C.O.P. No.2732 of 1991 in which eviction was sought for on the ground of denial of title. The Rent Controller ordered eviction in both the petitions. The Appellate Authority confirmed it and therefore, the two revisions are filed by the tenant.

(2.) MR.V.Raghavachari, learned counsel for the petitioner, would attack the order of eviction on the following grounds:

(3.) IN the mean time, the petitioner filed two Special Leave Petitions against the dismissal of the two civil revision petitions. Leave was granted and the Supreme Court dealt with the Civil appeal Nos.3640 and 3641 of 1989. Both were dismissed on 31.7.1991. Pending the civil appeals, a direction was given by the Supreme Court to deposit a sum of Rs.1,28,389 being the portion of the arrears of rent and to deposit half of the fair rent fixed every month into Court. Though the initial deposit is made, the subsequent deposits were not regularly made. Thereafter, a notice was sent to the petitioners on 22.6.1992 giving the details of the remittances of the rent made thus far and calling upon the petitioners to pay the arrears of rent from 26.4.1978. This is Ex-P13. This was replied on 12.7.1992, Ex.P-14, to which a lengthy rejoinder was given on 20.7.1992, Ex-P15. Therefore, the respondent filed R.C.O.P. No.2495 of 1992 under Secs.10(20(1) and 10(2)(3) of the Tamil Nadu Buildings Lease and Rent Control Act. It is the case of the petitioner that the prayer for eviction on the ground of wilful default was premature and not maintainable since the fair rent had not attained the finality. This is wrong as can be clearly seen from the above narration of facts, since the decision relating to fair rent reached finality on 31.7.1991 and the eviction petition was filed only in 1992.