RIZWANUR RAHMAN Vs. VMS.SEYEDHA

JUDGEMENT

(1.) Being aggrieved by the concurrent decisions of the Rent Control Authorities directing eviction, the tenant has filed the revision petition. The case of the landlord is as follows:

(2.) The tenant has denied the allegations and he has further stated that he became a tenant on 01.08.1993 on a monthly rent of Rs. 4,250/- and paid an advance of Rs. 32,500/-. According to him, from 31.07.2004, the rent was Rs. 7,500/- and so far, he has paid a sum of Rs. 82,500/- towards rent, for a period of 11 months from September 2004 to July 2005 by cheque numbers 600656, 600657 and 621094 dated 28.02.2005, 06.03.2005 and 04.08.2005 respectively. The landlords have received the same and failed to present the first two cheques for Rs. 7,500/- each, for encashment for the reasons best known to them.

(3.) The tenant has further submitted that the landlords used to collect the rent through their agent and ever since 1993, the tenant has paid the rent, as and when it fell due, without any default. Suddenly, from September 2004 onwards, the landlords did not depute their agent to collect the rent and that is the reason, why the tenant was not able to pay the rent for few months, as and when it fell due. The tenant has further submitted that the landlords have not mentioned about the advance amount received by them under law and that they cannot receive more than one month rent as advance. According to the tenant, he cannot be termed as a defaulter.