S. MOHANAVADIVELAN Vs. V.C. THIYAGARAJAN

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against the order dated 25.09.2014 made in M.P.No. 684 of 2014 in MP No. 535 of 2014 in RCA No. 365 of 2014 on the file of the VII Small Causes Court at Chennai.

(2.) THE revision petitioner is the tenant. The respondent initiated eviction proceedings against the petitioner in RCOP No. 547 of 2012 on the ground of wilful default. The landlord filed M.P.No. 711 of 2012 in the eviction petition under Section 11(3) & 11(4) of the Tamil Nadu Buildings (Lease & Rent Control) Act 1960 seeking direction to the tenant to pay Rs. 2,16,810/ - towards arrears of rent for the period November 2011 to August 2012 and continue to pay the future rent. The application was resisted by the petitioner stating that he had paid advance Rs. 1,00,000/ - by way of written agreement and Rs. 45,000/ - by way of oral agreement and as per Section 7 of the Tamil Nadu Buildings (Lease & Rent Control) Act, the landlord is entitled to receive only one month's rent as advance and the balance amount has to be adjusted towards arrears of rent.

(3.) IN the appeal, the landlord filed application under Section 11(3) & 11(4) of the Act in MP No. 535 of 2014, praying for a direction to the tenant to pay the arrears of rent for the period from September 2012 to July 2014 amounting to Rs. 5,28,740/ -. In the said application, the tenant filed M.P.No. 684 of 2014 for a direction of attendance of the landlord for the purpose of cross examination in M.P.No. 535 of 2014. The landlord filed counter affidavit stating that the application itself is not maintainable in law and the code of civil procedure is not applicable to the Rent Control Proceedings.