S DURAI Vs. A B DHANASEKAR

JUDGEMENT

(1.) The tenant, who suffered an order of eviction before the learnred Rent Controller, which was confirmed by the Appellate Authority in the appeal filed by him, has come forward with this Civil Revision Petition.

(2.) The landlord/respondent herein has filed RCOP No. 276 of 2003 under Section 10 (2) (i) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 before the learned Rent Controller for eviction of the tenant/revision petitioner herein for having committed wilful default in payment of rent. According to the landlord/respondent, on 22.01.1981, his father had let out the petition mentioned premises to the tenant/revision petitioner herein for a monthly rent of Rs.250/- which is excluding electricity charges and the rent was periodically enhanced upto Rs.750/- per month. According to the landlord/ respondent herein, till the death of his father on 22.03.1994 the tenant/revision petitioner paid the rent to his father and thereafter, he paid the rent to him. It was contended by the landlord/respondent that the tenant committed default in payment of rent from April 2001 to February 2003 and inspite of many reminders, the tenant/revision petitioner did not pay the admitted rent. Under those circumstances, the landlord/respondent has filed the Rent Control Original Petition.

(3.) The Rent Control Original Petition was resisted by the tenant/revision petitioner herein by contending that there is no default in payment of rent and that the rent was periodically paid by him to one Mrs. Kamala. It was further contended that the tenant/revision petitioner never paid the rent to the landlord/respondent herein. Further, neither Mrs. Kamala nor the landlord/ respondent herein has attorned the tenancy.