G.ABUBUCKER Vs. M.MURTHY

JUDGEMENT

(1.) THE short facts of the case are as follows:- The review petitioner herein / tenant has filed C.R.P.(NPD)(MD)No.143 of 2004, against the judgment and decree passed in R.C.A.No.1 of 2002, dated 09.08.2004, on the file of Subordinate Judge, Ramanathapuram, confirming the judgment and decree passed in R.C.O.P.No.1 of 1999, on the file of the Rent Controller-cum-District Munsif, Ramanathapuram, dated 10.12.2001. The said Civil Revision Petition came up for final hearing on 20.09.2011 before this Court. After hearing the learned counsels on both sides and on perusing the impugned order of the Courts below, this Court dismissed the above revision petition on 20.09.2011. This Court further directed the revision petitioner / tenant to deliver the vacant possession of the tenancy premises on or before 31.03.2012.

(2.) SUBSEQUENTLY , the review petitioner herein has filed the above Review Application in Rev.Appln.No.4 of 2012, and prayed this Court to review the judgment and decree dated 20.09.2011 in C.R.P.(NPD)(MD)No.143 of 2004, and set-aside the same.

(3.) THE learned counsel for the respondent / landlord has submitted that the respondent had initiated R.C.O.P.No.1 of 1999, on the file of learned Rent Controller, Ramanathapuram, against the review petitioner herein for wilful default. The tenancy premises was let out to the tenant on 12.02.1987 for running an optical shop. The monthly rent was fixed as Rs.375/- and it was agreed that the advance to be paid was Rs.20,000/-. Subsequently, the rent has been increased from Rs.375/- to Rs.800/- with effect from January 1991. The same rent has been paid by the tenant for a few months. Thereafter, the tenant, with mala-fide intentions, had initiated R.C.O.P.No.10 of 1995, and stated that he was paying Rs.700/- as enhanced rent and the landlord had refused to receive the rent. Hence, he had initiated the said case. Actually, the agreed enhanced rent was Rs.800/- per month. However, the learned Rent Controller accepted the tenant's view and passed an order on 18.02.1998 to remit the arrears of rent, at the rate of Rs.700/- per month. Further, the learned Rent Controller had directed the tenant to deposit the rent on or before 5th of every succeeding English calendar month.