SUBAM MEDICALS Vs. ZUBAIDA BEGUM

JUDGEMENT

(1.) The revision petitioner is the tenant and the revision is directed against the order of eviction on the ground of wilful default in payment of rent by the learned Rent Control Appellate Authority reversing the dismissal of the Rent Control Original Petition by the learned Rent Controller.

(2.) The respondent herein filed the Rent Control Original Petition to evict the revision petitioner from the petition non-residential premises bearing door No.56, Triplicane High Road, Triplicane, Madras-5 on the ground of wilful default in payment of rent. It is stated in the petition that the rent for the petition premises is Rs.1,150/- per month and the revision petitioner became a tenant as per the unregistered lease deed dated 20.2.1991 and further stating that he is a chronic defaulter in payment of rent even from the inception of the tenancy and the rents have been paid after several demands that too irregularly. It is also stated that Rs.3,450/- towards rent for the months of February, 1993 to April, 1993 was paid and thereafter the rent from May, 1993 to November, 1994 for 19 months amounting to Rs.21,850 /- has not been paid and such non-payment of rent is wilful, deliberate and therefore the tenant is to be evicted on the ground of wilful default on payment of rent as claimed.

(3.) The petition was resisted in the counter that the respondent herein is not an individual owner of the petition premises, but belongs to a private limited company under the name and style of "Shifa Hospital and Research Centre". In the counter it is further stated that the respondent herein is not the landlady of the petition premises, but it is admitted that he is a tenant in respect of the petition premises. The revision petitioner is running a medical shop in which Messrs. Shifa Hospital and Research Centre used to purchase life saving medicines and other medicines on credit and the amount due to the revision petitioner towards such purchase of medicines was adjusted in the rent payable. The rental receipt was issued in April, 1993 towards the rent for the months of February, 1993 to April, 1993 after adjusting the medicines purchased and in fact, there is no actual payment by cash or cheque towards the rent for the months of April and May, 1993. Accordingly, the rent payable for May, 1993 to November, 1994 was also adjusted in the amount payable by the respondent herein towards purchase of medicines, but, however, on receipt of notice dated 4.12.1994, the tenant sent demand draft for Rs.23,000/- inclusive of the rent from May, 1993 to December, 1994 on 21.1.1995 which was accepted. Therefore, in the circumstances, the tenant has not committed default much-less wilful default in payment of rent from December, 1993 to November, 1994.