K PERIYANAYAGAM Vs. J K SAVITHRI

JUDGEMENT

(1.) The Civil Revision Petition is directed against the judgment and decree passed in R.C.A.No.14 of 1992 on the file of the Principal Subordinate Judge, Madurai dated 31.7.2000 confirming the Order and decree passed in R.C.O.P.No.389 of 1985 on the file of the Additional District Munsif-cum-Rent Controller, Madurai Town, dated 10.12.1991.

(2.) The tenant, who is the revision petitioner, being occupied a front room of Door Nos.233, and 233 b, wherein the respondents, who are owners of the said door numbers are residing, for rent, to run Ayurvedic clinic, at Rs.130/- per moth, thereafter, the same was increased to Rs.200/- per month. The petitioner was not proper in paying the rent. On 11.5.1985 the petitioner paid a sum of Rs.400/- and thereafter, he did not make any payment. On the date of filing the petition, he was of the balance of Rs.2540/-. After the receipt of the notice dated 20.6.1985, he paid Rs.300/-, however, he has to pay Rs.2240/-. Since, the space for the pathway is not enough for the respondents and their family members, they decided to convert the room let out to the petitioner into a pathway and the same was informed to the petitioner, but he did not respond to their request, and therefore, the respondents issued a notice on 20.6.1985, even for which no reply has been given. Hence, the respondents filed a petition before the Rent Controller, Madurai, who framed the following two issues. a. Whether the respondent/tenant has committed any wilful default in paying the rent? b. Whether petition-building is required for the own use of the landlords ?

(3.) On considering the evidence and the materials on record, the rent controller, decided the issues in favour of the respondents herein and allowed the petition by ordering eviction. Against which, the petitioner filed an appeal before the Rent Control Appellate Authority, Madurai, who, by his order, confirmed the order of the Rent Controller. Aggrieved by the same, the tenant has come forward with this revision.