M.R. SUDHAKAR Vs. JINNAH

JUDGEMENT

(1.) All these three revision petitions are filed by the tenants. The respondent is one and the same in all these petitions, who is the landlord.

(2.) C.R.P.No. 4889 of 2011 is arising against an order of eviction passed concurrently by the Courts below on the ground of wilful default, subletting and additional accommodation. The subject matter of the property is at D.No.40 (present D.No.141) of DMC Street, Thiruthuraipoondi. The claim of the landlord in this proceeding is that the monthly rent payable by the tenant is Rs.1700/- and he defaulted in making such payment for nine months commencing from July 2003 to March 2004. It is also his case that the first petitioner herein, who is the first respondent in RCOP No. 7 of 2004, has sublet the premises to the second petitioner herein without the permission of the landlord. He further sought the petition premises as additional accommodation for the purpose of expanding his business.

(3.) It is the case of the petitioners herein that the monthly rent payable is only Rs.700/- and not Rs.1,700/- as claimed by the landlord. When the rent was tendered through money order, the landlord did not accept the same and therefore, there was no wilful default. Insofar as the ground of subletting is concerned, it is the case of the petitioners that both of them are partners in the hotel business and as per the partnership deed, all transactions will be made only in the name of one person and therefore, that cannot be construed as sub-tenancy.