N RIZWAN AHMED Vs. PERIASAMI PILLAI

JUDGEMENT

(1.) This revision has been filed by the petitioners challenging the fair and decretal order passed by the Rent Control Appellate Authority ( First Additional Sub-ordinate Judge), Erode, in RCA.No.1 of 1994, confirming the fair and decretal order passed by the Rent Controller ( First Additional District Munsif), Erode on 25.10.1993 in RCOP.No.36 of 1991.

(2.) The respondent herein is the tenant of the demised premises and revision petitioners filed the petition before the Rent Controller for eviction on the ground of willful default in the payment of rent and also for own use and occupation. Both the Courts below rendered the concurrent finding that the respondent is not guilty of willful default in the payment of rent and that the petitioners herein are not entitled to evict the respondent for the reason that the respondent has become a co-owner of the demised premises belonging to the petitioners. Therefore, the petition filed before the Rent Controller was dismissed and the appeal preferred as against the order of dismissal before the Rent Control Appellate Authority also failed. Hence, the revision.

(3.) It is not in controversy that the petitioners let out the petition premises to the respondent on a monthly rent of Rs.1400/- and received Rs.20,000/- by way of advance from the respondent. While so, the petition was filed on the ground of willful default in the payment of rent by the respondent for six months from February to July,199 1 to the tune of Rs.8,400/-. It has been held by both the courts below in their concurrent findings that since the landlords received a sum of Rs.20,000/- from the tenant by way of advance inasmuch as the alleged arrears of rent from February to July 1991 is Rs.8400/-, the said sum could have been adjusted in the advance amount paid by the tenant and that therefore there is no willful default in the payment of rent on the part of the tenant.