KARAYANDI KOUSALYA Vs. KUNHAYI SAHIA

JUDGEMENT

(1.) THIS is a civil revision petition filed against the order of the learned Principal District ]udge, Pondicherry in M.R.P. No. 23 of 1979, dated 27th March, 1980, dismissing the revision petition that was filed under section 25 of the Pondicherry Buildings (Lease and Rent Control) Act, 1969 by the tenant, Karayandi Kousalya. The said petition under section 25 of the Pondicherry Buildings (Lease and Rent Control) Act, 1969 by the tenant was to set aside the order, dated 30th June, 1979, passed by the appellate authority in C. M.A. No. 69 of 1977 and also the order of the Rent Controller, Mahe, dated 23rd November, 1977, passed in H.R.C.O.P. No. 10 of 1977.

(2.) THE petition for eviction was filed before the learned District Munsif and Rent Controller, Mahe as R.C.O.P. No. 10 of 1977 by the landlady under section 10(3)(a)(i) of the Pondicherry Buildings (Lease and Rent Control) Act, 1969 for eviction of the tenant Karayandi Kousalya on the ground of bona fide requirement of the premises in question for occupation of the landlady.

(3.) ON the other hand, the said petition for eviction was resisted by the tenant the revision petitioner herein, on the ground that the tenant is in occupation of the house from 1964, that the rent as per 1964 kaichit was only Rs. 15 and when the kaichit was renewed in 1971, the rent was enhanced to Rs. 25, and that the rent for the month of May was offered, but refused. Then the amount was sent by money order and that also was refused. In September again, the rents for the months of M.ay, June, July and August were sent and the respondent herein refused the same. Hence, there was no wilful default and the entire arrears of rent was paid in Court. The landlady is possessed of other buildings and the house she presently lives in is a convenient one and belongs to her. It is further contended by the tenant that the health reasons mentioned by the landlady are false.