MINT HOSPITAL Vs. K.A. ABDUL HASSAN

JUDGEMENT

(1.) In both the Civil Revision Petitions, the issue arise for consideration is identical and common. Counsel for both sides have also advanced common arguments and therefore, by consent, both the Civil Revision Petitions are taken up together and are disposed of by this common order.

(2.) The tenants have come forward with these two Civil Revision Petitions questioning the correctness of the orders passed by the courts below.

(3.) The respondents herein have filed R.C.O.P. No. 2168 of 1998 before the learned Rent Controller under Section 10 (2) (i) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 hereinafter referred to as 'The Act' against the revision petitioner/tenant. According to the landlords/respondents herein, N.K. Ansar Ali, father of the first respondent herein was the owner of the premises bearing Door No.70, Portuguese Church Street, Seven Wells, Chennai - 600 001 in which the tenant/revision petitioner was inducted as a tenant for a monthly rent of Rs.2,500/-. It was contended that the original owner N.K. Ansar Ali has appointed one Hajee K.M. Mohammed Mustafa as his power of attorney agent and authorised him to collect the rent from the tenants. While so, on 26.04.1997, the owner N.K. Ansar Ali died and therefore, the power given in favour of his agent also came to an end. On the death of the original owner, the tenants stopped paying the monthly rent. In those circumstances, the first respondent herein, one of the legal heirs of the original owner N.K. Ansar Ali, issued a legal notice dated 11.08.1997 calling upon the tenants to pay the rent to him from April 1997 and continue to pay the future rent without any default as original owner died and power of attorney executed by the deceased in favour of his agent has come to an end. Since there was no response, another notice dated 16.04.1998 was issued calling upon the tenants to pay the arrears of rent from April 1997. Inspite of the notices, since there was no response, the respondents have filed the above said Rent Control Original Petition No. 2168 of 1998 on 08.07.1998 before the learned Rent Controller for eviction of the tenant on the ground of wilful default in payment of rent from April 1997 to June 1998 to the tune of Rs.52,500/-.