S NAVANEETHKRISHNAN Vs. KAMACHI AMMAL

JUDGEMENT

(1.) The tenant is the revision petitioner. The respondents/landlords filed R.C.O.P. No. 6 of 2009 on the file of the Rent Controller, Mayiladuthurai for eviction on the ground of willful default.

(2.) The tenant/revision petitioner contested the application stating that he paid an advance of Rs. 3,000/- and monthly rent was only a sum of Rs. 300/- and there was an agreement of sale between the parties and, as per the agreement of sale, the sale consideration was fixed at Rs. 75,000/- and the tenant/revision petitioner paid an advance of Rs. 50,000/- and the balance of Rs. 25,000/- was to be paid within a period of one year and thereafter, the respondents/landlords refused to execute the sale deed and also refused to return the advance of Rs. 50,000/-. Therefore, the revision petitioner/tenant is in possession of the property pursuant to the agreement of sale and there is no relationship of landlord/tenant and therefore, eviction petition filed by the respondents is not maintainable.

(3.) Learned Rent Controller allowed the application holding that the revision petitioner/tenant is not in possession of the property in pursuant to the agreement of sale and, admittedly, the revision petitioner filed O.S. No. 109 of 2007 for return of the advance amount paid by him under the agreement of sale and a decree was passed in O.S. No. 109 of 2007 in favour of the revision petitioner and the revision petitioner /tenant also filed E.P. No. 127 of 2009 to execute the decree and in that judgment, the trial Court has given a specific finding that the tenant continued to be in possession of the property as a tenant and not as an agreement holder and the monthly rent is Rs. 500/- and not Rs. 300/-. The trial court further held that the tenant has failed to pay the rent for more than nine years, the Judgment and Decree passed in O.S. No. 109 of 2007 has become final and therefore it is not open to the revision petitioner/tenant to contend in the rent control proceedings that there is no relationship of landlord/tenant existing between the parties and therefore, the application is maintainable and ordered eviction on the ground of willful default. Against the order of the trial court, the revision petitioner/tenant filed appeal in R.C.A. No. 1 of 2011 and the Rent Control Appellate Authority confirmed the finding of the learned Rent Controller and aggrieved by the same, this revision is filed.