P AKBAR BASHA Vs. SAROJINI

JUDGEMENT

(1.) The unsuccessful tenant before the learned Rent Controller with regard to the order of eviction, on the ground of wilful default in payment of rent and on the ground of own use and occupation, from the petition non-residential premises, and as confirmed by the learned Rent Control Appellate Authority, is the revision petitioner.

(2.) The respondent/landlady filed the Rent Control Original Petition for eviction in respect of the petition non-residential premises bearing door No.22/632 (New door No.841), Rengai Gowder Street, Coimbatore Town stating that she purchased the petition property from the previous owner one Smt.Jameela Latheef as per registered sale deed dated 10.6.1988 and under whom the revision petitioner was a tenant for non-residential purpose on a monthly rent of Rs.225/- and the revision petitioner attorned the tenancy under the respondent and paid a sum of Rs.675/- by way of cheque towards three months rent on 27.9.1988 and thereafter another sum of Rs.450/- by way of cheque towards two months rent on 10.11.1988 and thereafter, the revision petitioner sent a cheque for Rs.8,100/- which was received by the landlady without prejudice on 19.8.1991. As such, the revision petitioner/tenant has committed default in payment of rent wilfully. The landlady is running Ghee business under the name and style of "Amirtham Ghee Stores" in the rental premises bearing door No.366, Raja Street, Coimbatore. The landlady of the said premises has filed R.C.O.P.No.108 of 1987 and the same has been ordered, and the appeal in R.C.A.No.86 of 1991 filed against the eviction order, by the landlady herein, is pending and as such, she is under threat of eviction from the rented premises where she is running Amirtham Ghee Stores. The landlady is not in occupation of any other building of her own within the Coimbatore City and she requires the petition non-residential premises for her own use and occupation bona fide. To the lawyer notice dated 26.4.1992 issued by the landlady, the revision petitioner replied on 20.5.1992 to which a rejoinder was sent on 19.7.1992.

(3.) The Rent Control Original Petition was resisted in the counter admitting that he became a tenant under the previous owner Smt.Jamilal Latheef and now under the respondent herein on a monthly rent of Rs.225/-. It is also admitted that he paid Rs.675/- by way of account payee cheque on 1.10.1988 towards three months rent for the months of June, 1988 to August, 1988 and also paid Rs.450/- by way of account payee cheque on 10.11.1988 towards two months rent for the months of September, 1988 and October, 1988 for which the landlady also issued two receipts dated 28.9.1988 and 12.11.1988. Thereafter, whenever the tenant approached the landlady to receive the monthly rent by issuing receipt, it was refused. So, the revision petitioner remitted the monthly rent of Rs.225/- every month in the respondent's bank account with the Bank of India, Oppanakara Street, Coimbatore-1. The landlady instructed the revision petitioner in August, 1991 to pay the monthly rent from November, 1988 to August, 1991 for 34 months to the extent of Rs.7,650/- and so, the revision petitioner issued account payee cheque dated 1.8.1991 for Rs.8,100/- towards the rent for 36 months from November, 1988 to October, 1991 and the respondent/landlady also encashed the cheque on 19.8.1991 appropriating the same towards monthly rent for the months of November, 1988 to October, 1991. Even thereafter the revision petitioner is paying the rent regularly by account payee cheque drawn on Bank of India, Oppanakara Street, Coimbatore. The account payee cheque dated 7.5.1992 sent towards the rent for the month of April, 1992 after the receipt of lawyer notice dated 26.4.1992 caused by the landlady, also has been received. On verification of the bank pass-book, it was found that the landlady has not encashed 6 cheques issued by the revision petitioner towards monthly rent from November, 1991 to April, 1992. So, he sent the monthly rent for the months from November, 1991 to April, 1992 by account payee draft dated 19.5.1992 for Rs.1,350/- drawn on Bank of India, Oppanakara Street, Coimbatore along with reply notice dated 20.5.1992. The revision petitioner also informed the bank on 20.5.1992 to stop payment of 6 cheques which have not been encashed by the landlady towards monthly rent for the months of November, 1992 to April, 1992. Therefore, the revision petitioner has not committed wilful default in payment of rent as claimed by the landlady. As regards the requirement of the petition non-residential premises for own use and occupation by the landlady for the purpose of business in the name and style of "Amirtham Ghee Stores", it is stated in the counter that no such business is carried on by the landlady in a rented building Jewel Complex, Raja Street, Coimbatore and so, the requirement of the petition non-residential premises is without bona fide.