YASMIN NAJUMUDDIN Vs. E. P. MOHAMMED ALI

JUDGEMENT

(1.) The Civil Revision Petition is filed challenging the order of eviction passed in rent control proceedings.

(2.) The deceased 1st respondent/landlord filed rent control eviction petition on the ground of wilful default. The Rent Controller ordered eviction and aggrieved by the same, the petitioner preferred an appeal before the Rent Control Appellate Authority. The same was also dismissed and hence, aggrieved by the concurrent findings against her, the tenant is before this Court. Pending civil revision petition, the 1st respondent died and his legal representatives were brought on record as respondents 2 and 3.

(3.) It is the case of the deceased 1st respondent/landlord that petitioner was a tenant under him on a monthly rent of Rs.45,000.00 for a period of 11 months with effect from 1/4/2013. The deceased respondent filed a petition for fixation of fair rent in R.C.O.P.No.1243 of 2010 on the file of XIV Judge, Court of Small Causes, Chennai and the said petition was disposed of based on joint compromise memo filed by both the parties on 29/4/2013. As per the terms of joint compromise memo, both the parties had agreed to pay a rent of Rs.45,000.00 per month with effect from 1/4/2013 with an option to renew the lease deed on such other conditions including the increase of 10% rental amount after every 11 months till the continuance of the tenancy. It was specifically averred by the deceased respondent that as per the joint compromise memo, the petitioner did not renew the lease agreement and also did not pay 10% increase of fair rent from February, 2014. It was also stated that inspite of repeated reminders by deceased respondent, the petitioner failed to pay the increased rent of Rs.49,500.00 from February, 2014. Thus, claiming that failure to pay rent with 10% increase, as per the terms of joint compromise memo, would amount to wilful default in payment of rent the deceased respondent laid the petition for eviction.