S.RAMALINGAM Vs. R.GIRIJA

JUDGEMENT

(1.) The Civil Revision Petition has been filed challenging the Fair and Decreetal order dtd. 29/9/2022 passed in R.C.A.No.21 of 2022, confirming the order dtd. 3/1/2022 passed in R.C.O.P.No.211 of 2012.

(2.) The revision petitioner is the tenant and the respondent / landlord filed R.C.O.P.No.211 of 2012 to evict the tenant on the ground of willful default in payment of Rent, owners occupation and ceased to occupy. The Rent Control Court allowed the R.C.O.P on the ground of willful default in payment of rent for the period from November 2009 to November 2011 and further on the ground ceased to occupy. In respect of the ground of owners occupation, the Rent Controller dismissed the petition. The revision petitioner preferred an appeal in R.C.A.No.21 of 2022 and the Appellate Court confirmed the eviction order and thus, the petitioner is constrained to move the present Civil Revision Petition.

(3.) The learned counsel for the petitioner mainly contended that the Rent Court and Rent Appellate Court have failed to consider the documents filed by the revision petitioner. The letters marked as documents have not been taken into account for the purpose of considering the the defence taken by the revision petitioner. The revision petitioner / tenant has proposed to purchase the property and in this regard, a Civil Suit was also instituted by him. When the process for sale is in progress, the respondent / landlord filed the R.C.O.P. for eviction and the letters filed in this regard had not been considered both by the Rent Controller and by the Rent Appellate Court. The rental receipts furnished by the revision petitioner are not considered.