K. SUBRAMANIAM Vs. KRISHNA MILLS PVT. LTD.

JUDGEMENT

(1.) The present Civil Revision Petition is filed under Section 25 of Tamil Nadu Buildings Lease and Rent Control Act, 1960 as against the Fair and Decreetal order passed in R.C.A No.32 of 2019 dated 25.02.2020 by the learned Principal Subordinate Judge, Coimbatore reversing the finding made in R.CO.P.No.134 of 2007 dated 06.02.2019 on the file of learned First Additional District Munsif, Coimbatore.

(2.) The Tenant since deceased, his legal heirs are the Revision Petitioners before this Court. Initially R.CO.P.No.44 of 2005 was filed by the landlord for fixing fair rent as Rs.2,43,600/- before the learned I Additional District Munsif, Coimbatore. Thereafter, R.CO.P.No.134 of 2007 was filed by the landlord under Section 10(2)(1) of Tamilnadu Buildings Lease and Rent Control Act, 1960 on the fact that the tenant took the property measuring 16,500 square feet from the previous management of the landlord. During the year 1999, the tenant took front portion of 5,000 square feet on the monthly rent of Rs. 15,000/- and thereafter, the northern portion measuring an another 5,000 square feet of land and building was taken on lease by the tenant during October, 2000 for a monthly rent of Rs. 15,000/-. Further, a separate shed on the western side measuring 500 square feet was given on lease to the tenant from 01.05.2000 on a monthly rent of Rs.3,000/- and an extent of 5000 was rented out to the tenant in October, 2001 on a monthly rent of Rs. 15,000/-, totally an extent of 15,500 square feet of land and building on a monthly rent of Rs.48,000/- was to be paid by the tenant. However, the tenant seems to have been contending that the monthly rent is only Rs.33,000/-. Meanwhile, the landlord had taken out the petition in R.CO.P.No.44 of 2005 for fixing of fair rent in which fair rent proceedings the tenant has submitted his trading profit and loss account for the year ended 31.03.2000 had shown the monthly rent payable to the landlord as Rs.48,000/-, which seems to have been admitted in the cross examination in R.CO.P.No.44 of 2005. The landlord was receiving the reduced rent without prejudice to their right held that from 01.10.2000 till 01.07.2007, the tenant has defaulted to pay the balance of Rs. 15,000/- as monthly rent. Furthermore, in the fair rent case filed by the landlord, the fair rent was fixed as Rs.2,43,600/- from 01.02.2005, the tenant has not paid the said fair rent so fixed and continued to pay Rs.33,000/- per month. Despite there being an order of the court in fair rent, the tenant had willfully defaulted the rent and liable to be evicted on the ground of willful default.

(3.) As per the counter filed by the tenant in R.C.O.P. No. 134 of 2007 filed for eviction, the tenant had denied the allegation and stated that the tenant took the front portion of the subject property measuring an extent of 5,000 square feet in the year 1989 on a monthly rent of Rs. 15,000/- from the landlord and thereafter took another portion of the said go down measuring an extent of 4,200 square feet situated in north of the front portion in October, 2000 on a monthly rent of Rs. 10,000/-. Thereafter, in October, 2001 the tenant took the rear portion of the go down measuring an extent of 4,200 square feet on a monthly rent of Rs.5,000/- from the landlord and earlier, the tenant had taken another ground on measuring 500 square feet on 01.05.2000 on a monthly rent of Rs.3,000/- from the landlord and ever since of taking of the possession by the tenant, the monthly rent for the above said go downs and the adjacent building is Rs. 33,000/- and not Rs.48,000/-.