C.UDAYCHAND Vs. M.MOHAN

JUDGEMENT

(1.) This Civil Revision Petition has arisen out of the order of the Rent Control Appellate Authority passed in RCA.No.135 of 2016, dated 05.01.2017, wherein the Eviction Order passed by the Rent Controller/ the XV Small Causes Court at Chennai in R.C.O.P. No.2354 of 2012, dated 29.01.2016 was reversed.

(2.) The petitioner is the Landlord and the respondent is the tenant.

(3.) The landlord has filed a petition for eviction against the respondent on the ground of willful default in payment of rent. The contention of the respondent/tenant is that he has been paying the rent promptly by depositing it in the Court without any default by filing a petition in RCOP.NO.2045 of 2009 and hence the ground of willful default can not be made applicable against him. The Rent Controller has appreciated the facts and evidence and arrived at a finding that the conduct of the respondent/tenant in paying the rent by way of deposit in the court in the name of the earlier owner of the premises itself would show his evasive attitude and because of that the land lord was deprived to take the rent deposited in the Court.