A SOUNDARAPANDIAN NADAR Vs. S MADASAMY MUDALIAR

JUDGEMENT

(1.) THIS is a revision petition directed against the order of eviction passed by the Rent Controller and confirmed by the Appellate authority. The respondent-landlords filed the petition for eviction of the petitioner-tenant on three grounds, namely, wilful default in payment of rent, subletting the premises and requirement for their own use and occupation. The Rent Controller accepted the plea that there was wilful default, but rejected the other two grounds and ordered eviction on the first ground. The Appellate Authority has confirmed the finding with reference to wilful default and dismissed the appeal preferred by the tenant. Hence the revision.

(2.) THE point that arises for consideration is whether the tenant has committed wilful default in payment of rent. THE rent for the premises is Rs. 1 75 per mensem and the tenancy commenced on. 1st June, 1974. It is common ground that the tenant paid a heavy advance of Rs. 5,240 and later, a sum of Rs. 2,000 out of the advance was repaid for the purpose of electrification and making improvements in respect of the building. It was agreed that the balance was to be adjusted at the rate of Rs. 50/-per mensem in the rent and the tenant was liable to pay only Rs. 125 per mensem as rent after such adjustment. Accordingly from 10th June, 1974, a sum of Rs. 50 has been adjusted in the rent payable. THEse facts are not in dispute.

(3.) ONE other factor deserves mention. It is noticed that the landlords put forward three grounds for eviction out of which two grounds, namely, subletting, the requirement of the premises for demolition and reconstruction, have been knocked out, and the Rent Controller has observed that those two grounds are frivolous and untenable. This only indicates that the landlords had put forward even far-fetched grounds for evicting the tenant. Be that as it may, there is only one ground now before us, namely wilful default in payment of rent, and an important piece of evidence viz. ,the pass book has not been exhibited or received in evidence.