C SHANMUGHAM Vs. N S K CHOKKALINGAM PILLAI

JUDGEMENT

(1.) THE respondent in R.C.O.P.No.28 of 1985 on the file of the Rent Controller Munsif) of Mayiladuthurai is the petitioner in this civil revision petition. THE petitioner said R.C.O.P. is the respondent in this civil revision petition. For the sake of convenience parties are referred to as per the nomenclature given to them in the R.C.O.P.

(2.) THE petitioner filed an application for eviction against the respondent under Sec.10(2)(i) the Tamil Nadu Buildings (Lease and Rent Control) Act 18 of 1960. THE case of the petitioner is as follows: THE petition mentioned property belongs to the petitioner and he let out the same respondent on a monthly rent of Rs.45. THE respondent committed wilful default payment of rent for a period of eight months from July, 1984 to February, 1985. respondent resisted the application for eviction contending that he has not committed default in the payment of rent. Before the Rent Controller the petitioner has examined himself as P.W.1 and the respondent has examined himself as R.W.1, Exs.A-1 and A marked on behalf of the petitioner and Ex.B-1 was marked on behalf of the respondent. the basis of the evidence on record the Rent Controller found that the respondent committed wilful default in the payment of rent for the period in question and consequently R.C.O.P.No.28 of 1985 and passed an order of eviction against the respondent. As the order of the Rent Controller the respondent filed an appeal in R.C.A.No.3 of 1988 the Appellate Authority (Sub-Court) Mayiladuthurai. THE Appellate Authority confirmed finding of the Rent Controller and dismissed the appeal. Aggrieved by the judgment Appellate Authority the" respondent has filed the present civil revision petition.