M PARVATHI AMMAL Vs. JAYALAKSHMI AMMAL

JUDGEMENT

(1.) THE legal representatives of the tenant are the revision petitioners and the revision is directed against the eviction order passed by the learned Rent Controller as confirmed by the learned Rent Control Appellate Authority. THE eviction was ordered on the ground of wilful default in payment of rent and that the petition residential premises is required for own use and occupation by the landlady.

(2.) THE Rent Control Original Petition was filed that the tenant Muthusamy Pillai failed to pay the monthly rent of Rs.150/- wilfully for the months of June and July 1989 and that the petition residential premises is required for own use and occupation by the landlady. To the notice dated 29.7.1989 no reply was sent by the tenant.

(3.) THE Rent Control Original Petition was filed on 28.8.1989 stating that the tenant has committed default wilfully in payment of rent for the months of June and July, 1989. THE respondent was set ex parte on 29.9.1989 and the ex parte order of eviction was passed on 6.10.1989. THE ex parte order of eviction was set aside as per order in I.A.No.269 of 1989 dated 13.8.1990 and on 9.1.1991, the tenant filed counter and posted for enquiry on 20.3.1991. Before filing of the Rent Control Original Petition, the landlady caused lawyer notice under Ex.A-1 dated 29.7.1989 and the same was served upon the tenant as per postal acknowledgement Ex.A-2 dated 1.8.1989. It appears, according to the tenant, the rent of Rs.150/- when tendered for the month of June, 1989 it was refused. Hence, it is stated that he could not pay the rent and however he deposited the entire rental arrears due on 13.10.1990, viz., Rs.2,400/- and even before filing of the counter and as such, he has not committed default much-less wilful default in payment of rent. THE landlady caused lawyer notice on 29.7.1989 under Ex.A-1 stating that the rent for the month of June, 1989 was not paid and so the tenant has committed default in payment of rent for the month of June, 1989. THE notice was served upon the tenant under Ex.A-2 on 1.8.1989. No reply was sent. THE Rent Control Original Petition was filed on 28.8.1989. THE notice was served on the tenant. But however he remained ex parte on 29.9.1989. THE ex parte decree was passed on 6.10.1989. THE ex parte order of eviction was set aside as per order in I.A.No.269 of 1989 on 13.8.1990. Only thereafter, it appears, the tenant deposited a sum of Rs.2,400/- towards the rent for the month of June, 1989 to September, 1990, however, before filing of the counter on 9.1.1991. As per the Explanation to Section 10(2) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, default to pay or tender rent shall be construed as wilful, if the default by the tenant in the payment or tender of rent continues after the issue of two months notice by the landlord claiming the rent. Admittedly, the tenant in this case has not paid or tendered the rent for the month of June, 1989 and within two months after the issuance of notice caused under Ex.A-1 which was served upon the tenant under Ex. A-2. THE tenant deposited the rent as set out above only on 30.10.1990 after the ex parte order of eviction was set aside. Though it is the case of the tenant that since the rent for the month of June, 1989 when tendered was refused he could not pay the rent thereafter, it is admitted by R.W.1, tenant's son in his evidence that he did not send rent by money order and no steps were also taken for deposit of rent as contemplated under Section 8(5) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. THErefore, it is clear that there have been supine indifference and callousness on the part of the tenant in not paying the rent for the months of June and July, 1989 and as such, such default is to be construed as wilful. THE case of Ashok Kumar and others " vs. - Rishi Ram and others reported in A.I.R. 2002 Supreme Court, 2520 (cited supra) arose out of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act (13 of 1972). Section 20 of the said Act reads:-