VISHNUVARATHAN Vs. K.C. SIVAKARAN AND ORS.

JUDGEMENT

(1.) This revision is directed against the order passed in RCA. No. 13 of 2012 by the Rent Control Appellate Authority/Principal Sub Court, Erode confirming the order passed by the Rent Controller/Principal District Munsif, Erode in RCOP. No. 17 of 2005. The petitioner is the tenant. The respondent had instituted a case in RCOP. No. 17 of 2010 against the petitioner seeking eviction on the ground of willful default and sub-lease. The respondent/landlord has alleged in the petition that the tenant took the petition premises for a monthly rent of Rs. 1500/- from his father namely Chandrasekaran and after his demise continues to pay rent to him and whenever the tenant pays rent the landlord issued receipt. It is further contended that the tenant failed to pay rent for the month of February 2010 to August 2010.

(2.) The landlord has further alleged that the tenant taking advantage of the landlord working at Chennai, inducted the second petitioner Ms. Veni as sub-tenant in the petition mentioned property and the main tenant was doing business at No. 13, Venkatachalam Chetty Street, Erode and as such the sub-tenant alone is in possession and enjoyment of the petition premises; that the main tenant allowed several other persons for selling textile goods in front of the tenant premises; that the main tenant has locked out toilet rooms available in the building and kept the keys in his custody thereby prevented the other tenants in the shopping complex from using the toilet. Due to the activities of the main tenant the other tenants suffered much.

(3.) On 10.02.2010, the landlord questioned the illegal activities and also demanded the tenants to vacate the premises and the main tenant agreed to vacate the premises on or before 28.02.2010. Since the tenants failed to pay rent and failed to keep up the assurance, the landlord issued a notice on 28.08.2010. Despite receipt of notice, the tenants failed to pay the arrears of rent and also to vacate and hand over the petition premises. Hence the petition.