DEVAN Vs. S. EBINEZAR ROBERT

JUDGEMENT

(1.) The Civil Revision Petition is filed by the tenant, challenging the order of eviction passed by the Rent Controller on the ground of wilful default as confirmed by the Rent Control Appellate Authority.

(2.) The respondent landlord filed an eviction petition against the petitioner on the ground of wilful default and owner's occupation. The Rent Controller ordered eviction only on the ground of wilful default. Aggrieved by the same, the petitioner preferred an appeal before the Rent Control Appellate Authority and the same was also dismissed. Hence, the petitioner is before this Court.

(3.) According to the respondent landlord, the petition mentioned property, a non residential building was let out to the petitioner in the year 1994 for monthly rent of Rs.450.00. Later on, as per the new rental agreement dtd. 2/9/2002, the rent was enhanced to Rs.700.00 per month. Subsequently, on 1/1/2005 another new rental agreement was entered between the parties and the monthly rent was enhanced Rs.1,000.00. It is the case of the respondent that the petitioner committed default from 1/1/2005 onwards. Hence, a notice was issued to the petitioner on 28/5/2005 informing him that the rental arrangement was cancelled due to the non payment of rent and the requirement of the respondent for own occupation. The said notice was returned by the petitioner. Even, thereafter, the petitioner failed to pay the rent and hence the instant application for eviction was filed on 19/11/2007.