POONGOTHAI Vs. M.Y.RAHAAN BEEVI

JUDGEMENT

(1.) The tenant who suffered an order of eviction passed in I.A.No.31 of 2013 in RCOP No.23 of 2010 by order dtd. 28/10/2014 on the file of the Rent Controller / District Munsif Court, Mannargudi, which Interlocutory Application had been filed under Sec. 11(4) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (the Act) and having again suffered further adverse order in an appeal filed under RCA No.1 of 2015 dtd. 11/1/2017 passed by the Rent Control Appellate Authority / Sub Court, Mannargudi is the revision petitioner herein.

(2.) RCOP No.23 of 2010 had been filed by the respondent seeking eviction of the petitioner under Sec. 10(2)(i) of the Act, for willful default in the payment of rent with respect to the premises, which had been let out on tenancy, namely, a shop measuring 158 Sq.ft., at Door No.63/137 Periyakadai Street, Mannargudi. It was claimed in the petition that the father of the respondent, by name Namashivayam Chettiyar had let out the aforementioned shop for tenancy at monthly rent of Rs.500.00and had received an advance of Rs.2,000.00. It was further stated that the petitioner / tenant had demolished the shop and put up further construction without any permission. It was stated that there were arrears of rent and in this connection, an advocate notice was issued calling upon the tenant to pay arrears of rent till 30/9/2009. Stating that the arrears had not been paid and that it amounted to willful default, petition for eviction had filed.

(3.) In the said petition an application in I.A.No.31 of 2013 had been filed under Sec. 11(4) of the Act, calling upon the revision petitioner / tenant to pay the arrears of rent and in default to stop further proceedings and direct eviction.