KRISHNASAMY Vs. KANNIKA

JUDGEMENT

(1.) THE revision petitioner is the landlord. The respondent is the tenant. The landlord is aggrieved against the judgment and decree made by the learned Rent Control Appellate Authority in dismissing his application for eviction sought on the ground of willful default.

(2.) THE case of the landlord/petitioner is as follows: The respondent's mother took the petition mentioned property on lease on 05.02.1982 for non residential purpose to run a book stall. Thereafter, with the consent of her mother, the respondent became the tenant under the petitioner on 05.01.1991 for running the said book stall on a monthly rent of Rs.1,500/ -. The respondent paid a sum of Rs.4,500/ - towards advance. Thereafter, another lease deed was executed on 05.06.1994 with a monthly rent of Rs.1,800/ -. The respondent committed willful default in payment of rent from June 1994. The petitioner issued a notice on 26.12.1994 demanding payment of arrears of rent and delivery of possession. The respondent paid Rs.10,800/ - being the rental arrears for six months through Banker's cheque along with a reply notice dated 02.01.1995. On 06.01.1995, further sum of Rs.1,800/ - was paid through banker's cheque. Thus, the respondent paid the rental arrears from June 1994 to December 1994, which was received by the petitioner without prejudice to his right to file eviction petition. The petitioner filed H.R.C.O.P. No.25/1995, seeking for eviction of the respondent on the ground of willful default. He also filed H.R.C.O.P. Nos.19/1995 and 20/1995 on the ground of sub -lease and personal occupation respectively. All the three petitions were allowed on 14.11.1997 and the appeals preferred against the same by the tenant were dismissed on 25.01.1999. However, in C.R.P.Nos.952 to 954 of 1999, this Court by order dated 24.10.2002 allowed the civil revision petitions and set aside the order of eviction. Thereafter, the respondent had willfully defaulted to pay the monthly rent from February 2003 to July 2003 to the tune of Rs.10,800/ -. After adjusting the excessive rental advance of Rs.4,200/ -, the respondent was still in arrears to the tune of Rs.6,600/ - upto the month of July 2003. Hence, the tenant is liable to be evicted on the ground of willful default.

(3.) THE learned Rent Controller by his order dated 27.10.2006 allowed the eviction petition by observing that the tenant had committed willful default as she failed to pay the rent without any just and reasonable cause. The tenant preferred an appeal before the Rent Control Appellate Authority in R.C.A.No.5 of 2007. By judgment and decree dated 14.11.2007, the Appellate Court allowed the appeal and dismissed the eviction petition on the reasons that no pre -suit notice was given by the landlord and that even before the first appearance in the R.C.O.P., the tenant has paid the entire arrears of rent. Aggrieved against the said order of the Appellate Authority, the present civil revision petition is filed by the landlord.