KASIRAM PAPER AGENCIES Vs. R.V. SOWLEE

JUDGEMENT

(1.) THE above Civil Revision Petition arises against the fair and decretal order passed in R.C.A. No. 8 of 2008 on the file of the Rent Control Appellate Authority, Principal Subordinate Court, Madurai, confirming the fair and decretal order passed in R.C.O.P. No. 341 of 1998, on the file of the Additional District Munsif Court, Madurai.

(2.) THE tenants are the petitioners and the respondents are the landlords. The respondents filed R.C.O.P. No. 8 of 2008 for eviction on the ground of willful default. It is the case of the respondents that the petition property was leased out to the revision petitioners on a monthly rent of Rs. 3,300/ - for commercial purpose. The petitioners committed default in paying the monthly rent from 01.05.1998 to 31.08.1998. Inspite of repeated demands, the petitioners failed and neglected to pay the arrears to the landlords. In these circumstances, the respondents filed a original petition in R.C.O.P. No. 341 of 1998 for eviction. The tenants contended that there was no willful default on their part and that on 11.11.1998, they sent a demand draft to the landlords towards the arrears of the rent, hence there is no willful default as alleged by the petitioners. The Rent Controller after taking into consideration the oral and documentary evidences of both parties, ordered eviction finding that the tenants had committed willful default in paying the monthly rent.

(3.) HEARD Mr. K. Sreekumaran Nair, learned Counsel for the petitioners and Mr. T.R. Rajagopalan, learned Senior Counsel for the respondents.