VICTOR DEVAPALAN Vs. S JOESPH SAGAYARAJ

JUDGEMENT

(1.) This civil revision petition is filed to set aside the Judgment and Degree dated 09.12.2009 passed in RCA. No. 417 of 2007 on the file of the VII Small Causes Judge, Chennai(Rent Control Appellate Authority) confirming the fair and decreetal order dated 02.03.2007 passed in RCOP. No. 827 of 2006 on the file of the X Small Causes Judge, Chennai(Rent Controller) thereby ordering eviction of the petitioner from the petitioner premises.

(2.) The revision petitioner/tenant was inducted as a tenant in the commercial shop portion of the demised premises on monthly rent of Rs. 1,000/- with an advance of Rs. 10,000/- with effect from 01.01.2003. It is the case of the respondent/landlord that from February, 2003, the tenant defaulted in payment of rent and requested the landlord to adjust the rent in the advance amount. Thereafter, in July 2005, the revision petitioner/tenant filed a suit in O.S. No. 4680 of 2005 against the grand father of the respondent/landlord for the prayer not to evict the revision petitioner from the premises without due process of law. The said suit came to be dismissed for default on 05.02.2006 and has not been restored thereafter.

(3.) Heard Mr. N.R. Anantha Rama Krishnan the learned counsel appearing on behalf of the petitioner and Mr. V. Srikanth, the learned counsel appearing on behalf of the respondent.