K S KUMARASAMY Vs. MOHAMMED ISMAIL MANZIL WAKF

JUDGEMENT

(1.) The above Civil Revision Petition is filed by the petitioner challenging the order of eviction passed by the Appellate Authority in a rent control proceedings. The respondent herein as the landlord filed R.C.O.P. No. 1312 of 1992 on the file of the Small Causes Court, Chennai seeking for eviction of the petitioner on the ground of wilful default. The contention of the respondent is that from 1.4.1990 to 30.4.1992, the petitioner herein did not pay the rent in spite of repeated demands made by them. The said application was resisted by the petitioner on the ground that he was not residing in the petition mentioned property as a tenant but as a mortgagee in pursuant to a mortgage deed dated 29.3.1990 executed by one Irfana Begum. Thus, the petitioner disputed the jural relationship of landlord and tenant.

(2.) The learned Rent Controller dismissed the petition by holding that the landlord has not proved the relationship of landlord and tenant between the parties. Aggrieved against the same, the landlord filed an appeal before the Rent Control Appellate Authority in R.C.A. No. 600 of 2000. The Appellate Authority reversed the finding of the Rent Controller and ordered eviction of the tenant/petitioner herein by holding that the landlord has established the relationship between the parties as the landlord and tenant. Aggrieved against the same, the present Civil Revision Petition is filed by the petitioner.

(3.) Though notice was ordered to the respondent and served on them on 22.1.2011, they have not chosen to appear before this court either in person or through counsel and their names have been printed in the cause list.