P T SIVARAMAN Vs. T.R. GOPALA KRISHNAN

JUDGEMENT

(1.) THE tenant is the revision petitioner. THE respondent/ landlord filed R.C.O.P.No.2216 of 2006 for eviction on the ground of willful default and change of use.

(2.) THE learned Rent Controller ordered eviction and the same was confirmed by the Rent Control Appellate Authority and aggrieved by the same this revision is filed.

(3.) THE case of the revision petitioner/ tenant was that he has constructed three floors building with the consent of landlord by spending more than Rs.15 lakhs and he was willing to pay the enhanced rent with 10% increase and the land lord refused to receive the rent and sent a notice. Even after the receipt of notice he approached the landlord and the landlord informed him that the legal notice was issued only as a formality and he would receive the rent as usual and believed the words of the landlord he did not pay the rent immediately thereafter. It is further submitted that the tenant is in the habit of paying the rent once in four months or five months and admittedly under Exs.P8 and P9 he sent a sum of Rs.15,000/- and Rs.20,000/- towards rent and that was encashed by the landlord and therefore there is no willful default on the part of the tenant.