C R I LIMITED Vs. MURALI MANI

JUDGEMENT

(1.) The revision petitioner is the unsuccessful tenant, who lost the case before the learned Rent Controller in respect of the eviction ordered on the ground of wilful default in payment of rent and as confirmed by the learned Rent Control Appellate Authority.

(2.) The respondents/landlords filed the Rent Control Original Petition No.981 of 1999 under Section 10(2)(i) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (hereinafter referred to as "the Act") that the tenant, viz., the revision petitioner committed default wilfully in payment of rent from October, 1997 to March, 1999. In the petition it is stated that the petition premises, bearing door No.33, College Road, Nungambakkam, Madras 600006 was leased to the tenant/revision petitioner by the father of the respondents, late C.S.Mani and on his death, the rent of Rs.1,750/- per month was paid to their mother T.R.Subbulakshmi. Their mother filed R.C.O.P.No.1315 of 1994 on the file of the XV Judge, Small Cause Court, Madras on the ground of own use and occupation and eviction was ordered on 4.4.1997. The tenant preferred R.C.A.No.395 of 1997 in the VII Judge, Small Causes Court, Madras and during the pendency of the appeal, their mother died on 9.6.1997 at New Delhi. The respondents herein were brought on record as legal representatives of their mother as per order in M.P.No.361 of 1997 dated 24.10.1997. The tenant filed R.C.O.P.No.1668 of 1995 in XV Judge, Small Causes Court, Madras against their mother to deposit the monthly rent under Section 8(5) of the Act. The petition was allowed on 12.8.1996 and the tenant has been depositing the monthly rent to the credit of R.C.O.P.No.1668 of 1995 and was sending letters to the mother of the respondents herein to the Delhi address. The mother of the respondents herein also filed R.C.O.P.No.2 of 1997 in the XI Judge, Small Cause Court, Madras for fixation of fair rent on 22.12.1996 and on her death, the respondents herein were brought on record as the legal representatives of their mother as per order in M.P.No.585 of 1997 dated 10.9.1997. The tenant after obtaining particulars from the respondents' lawyer added the respondents as the legal heirs of their mother T.R.Subbulakshmi as per order passed in M.P.No.361 of 1997 dated 24.10.1997. Therefore, the tenant was very well aware from 10.9.1997 as well as from 24.10.1997 that the respondents are the legal heirs of T.R.Subbulakshmi and are entitled to get monthly rents from October, 1997 onwards, but still the tenant has been depositing the monthly rents in R.C.O.P.No.1668 of 1995 in the name of the dead person T.R.Subbulakshmi wantonly and deliberately even after recording the respondents as the legal representatives of their mother T.R.Subbulakshmi in the fair rent petition R.C.O.P.No.2 of 1997 and R.C.A.No.395 of 1997. Therefore, in depositing the rent in the account of the dead person T.R.Subbulakshmi, the mother of the respondents herein, is to be construed as wilful default in payment of rent for 18 months from October, 1997 to March, 1999. It is also not known as to whether the tenant was depositing the monthly rent in R.C.O.P.No.1668 of 1995.

(3.) The petition was opposed in the counter. T.R.Subbulakshmi, the mother of the respondents herein refused to receive the rent even in R.C.O.P.No.1315 of 1994 when tendered and so, the tenant filed R.C.O.P.No.1668 of 1995 under Section 8(5) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, for depositing the rent into Court, which was allowed since no counter was filed. As per order, the rent is deposited without any default and so there is no default, much-less wilful default as claimed from October, 1997 to March, 1999.