SIDDIQ Vs. N BORIAH

JUDGEMENT

(1.) The tenant is the revision petitioner herein. RCOP No. 7 of 2000 was filed by the Landlord/respondent herein under Section 10 (2) (i), 1 0 (2) (ii) (b) and 10 (2) (vi) of the Rent Control Act for eviction of the tenant/petitioner herein. The said RCOP No. 7 of 2000 was allowed by the Rent Controller on 13-11-2001. Aggrieved by the same, the petitioner herein has filed RCA No. 27 of 2000 which was also dismissed, hence this revision.

(2.) The case of the petitioner/tenant is that, his grand father was the original tenant in the property and on his demise, his sons namely Abdul Azeez (father of the petitioner herein) and Abdul Majeeth were carrying on the business under the name and style of 'Bombay Tailoring Shop'. After the demise of Abdul Azeez, the petitioner herein has been carrying on the business. The rent for the Petition mentioned property is only Rs.100/- and not Rs.300/- as alleged by the respondent herein. The petitioner is not in arrears of rent at all. In fact, Cheque for a sum of Rs.2800/- towards rental arrears was sent by the petitioner herein which was refused by the respondent/landlord.

(3.) The case of the respondent is that the respondent herein is the owner of the non-residential portion of the property bearing Old Door No.49, New Door No. 69, "Sultana Hall", Commercial Road, Ootacamund. The said premises was let out to one Abdul Azeez, father of the petitioner herein for running a Tailor shop for a monthly rent of Rs.300/-. During 1995, the said Abdul Azeez died and the premises was not used and kept under lock and key. During January 2000, the petitioner herein came to the premises and started running milk business. The respondent herein demanded rental arrears to the tune of Rs.25,400/- for the period from 01-01-1993 to 31-12-1999 at the rate of Rs.300/- per month, but, the petitioner did not pay the rental arrears, hence the RCOP was filed on the grounds of (i) wilful default (ii) different user and (iii) ceased to occupy the premises for a continuous period of 4 months without reasonable cause.