KULASEKAR KUMAR Vs. T.MASTHANAMMA

JUDGEMENT

(1.) This Revision Petition has been filed under Sec. 25 of Tamil Nadu Buildings (Lease and Rent Control) Act, 18 of 1960, by the tenant in Shop No.2, situated at Old No. 44/2, New No.38/2, Venkatanaray ana Road, T.Nagar, Chennai - 600 017, questioning the order and decreetal order dtd. 29/1/2020 in R.C.A.No. 27 of 2017 by the XIII Small Causes Court, Chennai / Rent Controller Appellate Authority, who confirmed the order dtd. 7/11/2016 in R.C.O.P.No. 1449 of 2012 by the XII Small Causes Court, Chennai/ Rent Controller.

(2.) R.C.O.P.No. 1449 of 2012 had been filed by the landlady T.Masthanamma against the tenant Kulasekar Kumar taking advantage of Ss. 10(2)(i), 10(2)(ii)(b), and Sec. 10(3)(a)(iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act I960 seeking eviction of the tenant on the ground of willful default in the payment of rent, that the tenant had used the portion for purpose other than for which it was leased and for bona fide use and occupation.

(3.) In the petition, it had been stated that the respondent/tenant was in possession as a tenant on a monthly rent of Rs.17,000.00 and the tenanted portion had been let out for carrying business in the nature of Photogrpahy, Video Coverage, Digital Mixing, VCD Conversion, NTC-PAL Conversion and such other allied items of the Photogrpahy only. It had been stated that at the time of inception of the tenancy, a sum of Rs.2,00,000.00 (Rupees Two Lakhs only) had been paid towards security deposit. At the time of extension of the lease, the respondent/tenant requested to adjust the security deposit towards the monthly rent from December 2006. It had been claimed that after such adjustment, the rents again became due from August 2007 and since there was default in the payment of rent, eviction was sought on the ground of wilfull default in the payment of rent.