B P SHARAT CHANDRAN Vs. R RANGARAJAN

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against the order passed by the Rent Control Appellate Authority, Madras in an interlocutory application filed by the respondent under Section 11(4) of the Tamil Nadu Building (Lease and Rent Control) Act 18/1960.

(2.) AS could be well seen from the available materials on hand, the respondent/landlord filed RCOP No. 1982 of 2000 for eviction of the tenant under Sections 10(2)(i) and 10(3)(a)(i) of the Tamil Nadu Buildings (Lease and Rent Control) Act stating that the revision petitioner was a tenant under him and the agreed monthly rental was Rs. 3300/-; that there was an arrears of rent from February 2000 to November, 2000, accumulating to Rs. 33000/-. The said eviction petition was contested by the tenant stating that the rental arrears was only for the period from October 2000 and he was liable to pay the rent only for October, 2000 and November, 2000; that since the agreed monthly rent was only Rs. 2800/-, the balance was only Rs. 5600/- and the same has got to be adjusted in the advance paid by him at the time of entering into tenancy. Pending eviction petition, the landlord filed an application under Section 11(4) seeking the relief that the court should direct the respondent/tenant to deposit the rental arrears, failing which to stop all the eviction proceedings. The said application was taken up for enquiry and the lower court has passed an order directing the tenant to deposit the rental balance of Rs. 33000/- within a stipulated time and since the order was not complied with, the Rent Controller passed an order of eviction, dated 6.8.2001. Aggrieved tenant preferred R.C.A. No. 630 of 2001 and obtained stay of operation of the order of the lower Authority. At the time of granting stay, the appellate Forum directed the tenant to deposit a sum of Rs. 22700/- and the same was also deposited. Pending R.C.A., the landlord filed another application under Section 11(4) of the said Act and the same was taken on file in M.P. No. 616 of 2001 alleging that there was a rental balance of Rs. 43300/- upto September, 2001 and the tenant should be directed to pay the said arrears along with future rent to be fixed by the Court and in default to stop the proceedings and issue order of eviction of the tenant. On enquiry, the learned appellate Authority has passed an order on 10.12.2001 directing the tenant to pay the balance of Rs. 43300/- within a month therefrom and in that terms, the said application was allowed. Aggrieved over the said order, the tenant has brought forth this civil revision petition.