LAWS(MAD)-2013-4-380

RAVI RAJA GOPAL Vs. G. ANANTHARAMAN

Decided On April 17, 2013
Ravi Raja Gopal Appellant
V/S
G. Anantharaman Respondents

JUDGEMENT

(1.) Tenant is the Revision Petitioner in the Revision Petitions. The Landlord has filed RCOP No.1781 of 2009, on the file of the learned 13th Small causes Judge, Chennai, for eviction under Sections 10(2)(i) and 10(2)(iii)(v) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, for willful default and for acts of waste and nuisance.

(2.) Material on record discloses that the Respondent-Landlord is the owner of the Petition property at Door No.Y-164, 1st Street, Anna Nagar, Chennai-40. A Lease Agreement, dated 1.6.2000, has been entered with the Revision Petitioner, who is running a proprietary concern, under the name and style of M/s. Tentacles Secure Squads. Initially, Rent was fixed at Rs.3,000/-, including Rs.1,500/- as Amenity Charges and an Advance amount of Rs.30,000/- has been received. The Lease Agreement was for a period of 11 months. As per the averments made in RCOP No.1781 of 2009, filed by the Landlord, the lease was extended, but no fresh Agreement has been entered into between the parties. As per the Landlord, the rent was subsequently increased to Rs.5,500/- and Amenity Charges was fixed at Rs.2,000/-. Therefore, the total Rent to be paid was Rs.7,500/- per month.

(3.) According to the Respondent/Landlord, the Tenant has committed willful default and also acts of waste and nuisance and therefore, he called upon the Revision Petitioner/Tenant to quit and deliver vacant possession. He has also submitted that the Tenant, by leaving the food waste and rubbish on the way to the first floor, has also caused nuisance. Therefore, the Landlord has sent a Notice, dated 7.3.2009, requesting the Tenant to quit and deliver vacant possession.