G SURESH KUMAR Vs. O L MUTHU

JUDGEMENT

(1.) THIS revision has been filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act 1960, (hereinafter referred to as the "Act") against the fair and decreetal order dated 16.12.2002 in R.C.A.No.160 of 2002 on the of VII Small Causes Court, Chennai, confirming the fair and decreetal order dated 22.02.2002 in M.P.No.35 of 2001 in RCOP.No.897 of 1999 on the file of the XV Judge, Small Causes Court, Chennai.

(2.) THE tenant is the petitioner and the respondent is the landlord. THE respondent herein filed RCOP.No.897 of 1999, before the learned Rent Controller for eviction of the petitioner from the petition premises under Section 10(2)(i), 10(2)(iii) & 10(2)(ii)(b) of the Act. THE tenant resisted the eviction petition by filing a counter statement. THE respondent filed M.P.No.35 of 2001 under Section 11(4) of the Act to direct the tenant to deposit the entire arrears of rent into Court and continue to deposit the future rents. According to the landlord, the monthly rent payable from 01.04.1998 is Rs.5000/- and that the tenant never paid the rent and therefore, a legal notice was issued on 30.12.1998, to vacate and deliver vacant possession and subsequently, the tenant sent a pay order for Rs.10,000/-, which was adjusted for the rent due for the month of September and October 1998 and that the tenant intentionally failed to pay the rent of Rs.5000/- from November 1998 to December 2000 and therefore, eviction petition has to be stopped and the tenant should be evicted.

(3.) HEARD the learned Senior Counsel appearing for the petitioner and the learned counsel appearing for the respondent and perused materials available on record.