S.NEELA MEGAM Vs. SUGANTHA

JUDGEMENT

(1.) THE tenants are the petitioners herein. The respondents filed a Petition in R.C.O.P.No.280 of 1998, against the petitioners for eviction, on the ground of wilful default in the payment of rent. The said Petition was ordered and the Appeal filed in R.C.A.No.571 of 2001 was dismissed, confirming the order passed in R.C.O.P.No.280 of 1998. Challenging the same, the present Civil Revision Petition is filed.

(2.) THE respondents filed a Petition for eviction stating that they are the absolute owners of the petition mentioned property and the petitioners are the tenants under them and the monthly rent payable by each petitioner is Rs.100/- and the tenancy is according to the English Calendar month. As the petitioners committed default in the payment of rent, the Petition was filed for eviction.

(3.) THE learned Rent Controller held that the petitioners failed to prove that they are the owners of the petition mentioned property and the respondents proved title to the property and they also issued notice-Ex.P.3 stating that they are the owners of the petition mentioned property and the petitioners are their tenants and directed the petitioners not to create false or fabricated documents by committing forgery claiming rights as owners of the petition mentioned property. Though notice was received, no reply was sent and Ex.P.6 was sent to the correct address of the petitioners and that was refused and in Ex.P.6, it was specifically mentioned that the tenants committed default in the payment of rent from July, 1995, and therefore, the respondents proved their title to the petition mentioned property and the petitioners failed to prove the title and they are tenants under the respondents and they committed wilful default in the payment of rent and ordered eviction.