FLORENCE CONSULTANCY P LTD Vs. GOWRI MOTHA

JUDGEMENT

(1.) FLORENCE Consultancy (P) Limited, the petitioner herein is the tenant under Smt. Gowri Motha, the respondent herein. The respondent filed R. C. O. P. No. 72 of 1997 on the grounds of wilful default, owner's occupation and sub-letting. The Rent Controller rejected the claim of the landlady for sub-letting and however, allowed the eviction petition on the grounds of wilful default and owner's occupation. Challenging the same, the tenant filed the appeal in R. C. A. No. 22 of 1999. The same was dismissed. Hence, this civil revision petition by the tenant.

(2.) ACCORDING to the respondent, the petition premises was let out by her to the tenant under the agreement by which the tenant has to pay a monthly rent of Rs. 2,000/- and in addition, to pay Rs. 4,500/- for amenities. The advance amount of Rs. 20,000/- was paid. From december 1995 to August 1997 for about 21 months, the tenant did not pay the rent. The arrears accrued was Rs. 1 ,36,000 / -. The tenant gave a cheque for Rs. 32 ,000 / -. The said cheque was dishonoured for want of funds. The Power Agent of the landlady is her brother. So, the landlady requires the building for brother's (owner's)occupation as he has to shift his business from SIPCOT campus, Tuticorin to the petition premises. The premises also has been let-out to third party. On these grounds, the eviction was sought.

(3.) DURING the pendency of the appeal filed by the tenant, an application has been filed before the Appellate Authority by the landlady to allow her to file additional documents to prove that the rent was Rs. 6,500/ -. The same was permitted. The tenant also was permitted to file his additional documents. The request of the landlady for filing additional documents was not objected to by the tenant. Under those circumstances, the relevant documents exs. P5, P6, P7, P8 and P21 were marked. These documents including the rental agreement would clearly indicate that monthly rent was Rs. 2 ,000 /-and another Rs. 4,500/- as rent for amenities.