GIRDHARILAL CHANDAK AND BROS Vs. S MEHDI ISPAHANI

JUDGEMENT

(1.) This Civil Revision Petition arises out of the concurrent orders of eviction passed by the Rent Controller and confirmed by the Appellate Authority.

(2.) Heard Mr. ARL. Sundaresan, learned Senior Counsel for the Petitioners and Mr. R. Balachander, learned Counsel for the Respondents

(3.) The Respondents filed RCOP No. 311 of 2006 on the file of the XI Judge of the Court of Small Causes, Chennai (Rent Controller) against the first Petitioner herein under Section 10(2)(i) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, contending that the Petitioner was guilty of willful default in payment of the difference between the fair rent fixed by the Court and the contractual rent. The defence taken by the first Petitioner was that the fixation of fair rent by two Courts had not attained finality, in view of the pendency of a revision petition.