A GOUTAMCHAND Vs. S KRISHNAVENI

JUDGEMENT

(1.) THIS Civil Revision Petition is filed challenging order and decretal order dated 29.9.2011 passed in M.P.No.460 of 2011 in R.C.A.No.170 of 2011 by the VIII Judge of Small Causes Court, Chennai, in terms of Section 11(3) of the Tamil Nadu Buildings (Lease and Rent Control) Act directing the petitioner/tenant to deposit rental arrears of Rs.53,000/- for the period from October 2007 to July 2008 on or before 20.10.2011 and to pay subsequent monthly rents, failing which further proceedings in RCA will be stopped.

(2.) BEFORE this Court, the plea taken by the revision petitioner is that there is no arrears of rent to the respondents/landlords and that is the dispute which has to be decided by the Appellate Authority. Learned counsel further contends that there is no undertaking to deposit towards arrears of rent. In one of the grounds it has been stated that without prejudice to the above contentions raised therein, the revision petitioner has paid the rent for the period October 2007 to July 2008.

(3.) SINCE the revision petitioner/tenant did not deposit the amount as undertaken before the Court below, the respondents/landlords was forced to file the petition which came to be ordered by the Court below. The revision petitioner/tenant is not entitled to plead contrary to the endorsement made before the Court below. On the contrary he should have deposited the amount as undertaken and that would have avoided the present litigation. The appeal is still pending and therefore, the revision petitioner/tenant is at liberty to thrash out the issue in appeal. As such, this Court finds that there is no illegality or impropriety in the order passed by the learned Rent Control Appellate Authority in terms of Section 11(3) of the Act. However, considering the revision petitioner's plea of financial hardship further time upto 8.11.2011 is granted for payment of the arrears of the rental amount as directed by the court below. No further time will be granted.