RATHNA BAI Vs. K S MANI

JUDGEMENT

(1.) The tenants, aggrieved by the order of eviction in R.C.O.P.No.2552 of 1993, have preferred C.R.P.No.3074 of 2001 and also aggrieved by the dismissal of R.C.O.P.No.352 of 1993, in refusing to give permission to deposit the rent amount by the courts below, preferred C.R.P.No.3075 of 2001.

(2.) The landlord/respondent had filed a petition, for the eviction of the tenants in R.C.O.P.no.2552/1993, on the ground that he had committed willful default, in payment of rent and therefore, such a tenant should not be allowed to remain in possession of the demised premises as tenants. The tenant, opposing the application, had also filed a petition in R.C.O.P.No.352/1993 under Section 8(5) of the Tamil Nadu Buildings (Lease and Rent Control) Act, hereinafter called 'the Act', seeking permission to deposit the rent.

(3.) The Rent Controller by his common order dated 29.4.1997 held, that the tenants had committed willful default, in payment of rent, from March 1992 and such tenants are not entitled to seek permission, to deposit the rent. In this view, ordering eviction in the petition filed by the landlord, dismissed the petition filed by the tenants, which are under challenge in these revisions.