T SHANMUGHAM Vs. EXECUTIVE OFFICER SRI KAILASANATHASWAMI SRI NITHYAKALYANA PERUMAL DEVASTHANAM KARAIKAL

JUDGEMENT

(1.) THIS is a civil revision petition against an order of the appellate Authority, confirming an order of the learned Rent Controller, karaikal, evicting the revision-petitioner, who is in occupation of the premises belonging to Sri Kailasanathaswami Sri Nithyakalyana Perumal devasthanam, as a tenant on a monthly rent of Rs. 5/- per month after depositing a sum of Rs. 4,000 which is liable to be refunded at the time when he vacates the premises. He did not pay the rent for the period from October, 1973 to September, 1979. The arrears amounted to Rs. 355-75. Repeated demands for payment of arrears of rent by the landlord, viz. , the Executive Officer of the aforesaid Devasthanam, were not complied with by the tenant and, therefore, the petition was filed for eviction. The tenant contended that he has spent about Rs. 287 and odd to carry out repairs and Rs. 500 to instal electric fitting in the building with the consent of the landlord and that he is entitled to adjust this amount. The learned Rent Controller rejected this contention of the tenant and found that he has committed wilful default and directed his eviction. An appeal was preferred before the learned subordinate Judge, as the Appell a.