K CHINNATHAMBI ROWTHER Vs. K SHANMUGAM

JUDGEMENT

(1.) The tenant is the petitioner. The ground on which eviction was sought for is wilful default. Both the Courts held that the tenant had committed wilful default and ordered eviction. Against that this revision petition has been filed.

(2.) The rent paid is Rs.150/- per month. The period of default is 01-12-1993 to 08-07-1994 which is the date of the petition. According to the landlord the lease commenced in 1991. Ex-P1 is a pocket notebook in which the payment of rents is recorded and the tenant has signed the same. The landlord also prayed for eviction on the ground of subletting and demolition and reconstruction. But these grounds did not find acceptance with the authorities and therefore, the only point that is argued the ground of wilful default.

(3.) The tenant pleaded that though he had paid the rents without any default the landlord had failed to issue the receipts. The tenant also pleaded that the landlord is in possession of a sum of Rs.10,000/- being paid on two dates 17-07-1992 and 20-07-1992 and if this is taken into account there will not be any wilful default. This also was not accepted by the Courts below. No notice was given under Section 10 of the Rent Control Act before filing the eviction petition. This is the factual background against which the revision must be decided.