AJMEERALI Vs. ALISHEIK

JUDGEMENT

(1.) THE petitioner/landlord in R.C.O.P. No. 8 of 1994 on the file of District Munsif Court, Arantangi is the revision petitioner herein.

(2.) THE landlord has filed a petition under Section 10(2)(1) and 10(3)(c) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (Act XVIII of 1960) to evict the respondent-tenant from the petition premises. In short, the petitioner filed the petition on two grounds viz.,

(3.) THE respondent-tenant resisted the claim of the petitioner on the ground that in order to increase the rent and advance only, the petitioner has chosen to file this petition. It is further stated that the respondent never committed default in payment of rent. In fact, the petitioner refused to receive the rent and thereupon, the respondent sent the rent by way of Money Order on 27.6.1994 and the same was returned as refused and that, therefore, the respondent has not committed any default, much less wilful default in payment of rent. In fact, the respondent has filed a separate application in R.C.O.P. No. 10 of 1994 to deposit the rent from January 1994 into the Court. The respondent is his additional counter has stated that the petitioner- landlord originally filed a petition under Section 10(3)(iii) of Act and on his application, the same was amended as one under Section 10(3)(c) of the Act, and the same is not permissible.