V S M SYED ALI Vs. MUTHAMMAL

JUDGEMENT

(1.) This Civil Revision Petition is filed questioning the impugned order passed by the Rent Control Appellate Authority in R.C.A.No.17 of 1995 on the file of the Principal Subordinate Judge, Tirunelveli reversing the orders passed by the Rent Controller (Additional District Munsif), Tirunelveli in R.C.O.P.No.90 of 1988 dated 6.1.1995.

(2.) The revision petitioners are the landlords. The respondent is the tenant. The eviction petition was filed on the grounds of willful default in the payment of rent , putting the premises to different user and subletting. The learned Rent Controller having considered the evidence adduced on either side and upon hearing the arguments of both sides, accepted the ground of willful default in the payment of rent and ordered eviction and the other grounds were not entertained. Hence, the tenant preferred the appeal before the Rent Control Appellate Authority. In the appeal, the Appellate Authority accepted the contention put forth on behalf of the tenant that the landlords were in the habit of receiving rent paid in lump sum at irregular intervals and therefore, the Rent Control Appellate Authority reversed the order of eviction passed by the Rent Controller. Hence, the revision.

(3.) Heard the counsel for the petitioners. Though the counsel on record for the respondent represented on the earlier hearing dates that the arrears of rent in this matter would be paid to the landlords, but when the matter is taken up today for final hearing, neither the respondent nor his counsel appeared.