K GNANAMBAL Vs. K MANI

JUDGEMENT

(1.) The unsuccessful landlady in seeking order of eviction on the ground of wilful default in payment of rent from the petition non-residential premises bearing door No.10, Patel Road, Perambur, Madras-11, before the learned Rent Controller and as confirmed by the learned Rent Control Appellate Authority, is the revision petitioner.

(2.) The landlady filed the Rent Control Original Petition, in which it is set out that the respondent is the tenant in respect of the petition shop on a monthly rent of Rs.750/-. The respondent is a chronic defaulter in payment of rent and committed default in payment of rent from November, 1992 to April, 1993 totalling to the extent of Rs.4,500/-. R.C.O.P.No.1154 of 1993 was filed for eviction on the ground of wilful default in payment of rent which was resisted by the respondent by filing counter and stating that the landlady is to adjust the arrears of rent, viz., Rs.9,250/- from and out of the advance amount of Rs.10,000/- relating to the period from November, 1992 to October, 1993 and the balance towards the rent for the month of November, 1993. After filing of the R.C.O.P.No.1154 of 1993 the respondent paid Rs.1,500/- on 17.9.1993 and Rs.500/- on 23.12.1993 and totalling such payment along with the balance amount of Rs.250/-, which was available after adjustment as stated above and therefore, such amount viz., Rs.2,250/- was adjusted towards the rental amount payable for the months of November and December, 1993 and January, 1994. Earlier, R.C.O.P.No.303 of 1991 was also filed for eviction on the ground that the respondent/tenant had put the premises for different purpose other than for which it was let out. The respondent/tenant failed to pay the rent from February, 1994 to March, 1995 and as such, the respondent committed default in payment of rent wilfully.

(3.) The Rent Control Original Petition was opposed in the counter admitting the quantum of rent and further stating that the sum of Rs.10,000/- paid towards advance is available with the landlady towards adjustment in payment of arrears of rent and in fact, the landlady agreed to adjust it in the rent payable from November, 1992 onwards. The rent tendered for the month of February, 1994 directly to the landlady was refused stating that R.C.O.P.No.1154 of 1993 was already filed for eviction. The earlier R.C.O.P.No.303 of 1991 filed for eviction was also dismissed. The respondent has not committed default in payment of rent deliberately for the period of February, 1994 to March, 1995 and as such, such default in payment of rent cannot be construed as wilful. Even on the date of first hearing i.e. on 28.7.1995, the respondent entered appearance and filed vakalath through counsel and tendered Pay Order bearing No.362892 dated 26.7.1995 for Rs.13,500/- drawn on Madras Central Co-operative Bank Limited, Perambur Branch, Madras-11 and on that date, the landlady, her husband and her counsel were absent. Such tender was also recorded by the learned Rent Controller on 28.7.1995 and from which date the matter was adjourned to file counter to 11.8.1995 and reposted to 25.8.1995 since the learned Rent Controller was on casual leave. The revision petitioner/landlady, her husband and her counsel were absent even on 25.8.1995. Further, the revision petitioner's husband refused to receive the Pay Order for Rs.13,500/- towards monthly rent from February, 1994 to June, 1995 and also another Pay Order bearing No.362934 dated 14.8.1995 drawn on Madras Central Co-operative Bank Limited, Perambur Branch, Chennai-11 for Rs.750/- for the month of July, 1995. So, the respondent caused lawyer notice on 18.8.1995 requesting the landlady to receive the Pay Order for Rs.13,500/- and also the sum of Rs.750/-. Therefore, the respondent has not committed wilful default in payment of rent as claimed by the landlady.