PADMAVATI AMMAL Vs. GOPAL

JUDGEMENT

(1.) This Civil Revision Petition is directed against the judgment in R. C. A. No. 1197 of 85 on the file of the appellate authority (VIII Judge, Court of Small Causes, Madras) in which the learned appellate authority had allowed the appeal, reversing the order passed by the Rent Controller (XI Judge, Court of Small Causes, Madras) in R.C.O.P. No. 3762 of 1983.

(2.) Short facts are:- The respondent/ tenant had filed a petition under Section 8(5) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (which I shall hereafter refer as the Act) seeking for permission to deposit the rent in court. In the petition he has alleged that he was the tenant under the petitioner landlord on a monthly rent of Rs. 90/- as per English Calendar, that he had been paying rent regularly, but he had been refusing to receive the rent from October, 1982 and despite his repeated notices to the landlord to inform the bank in which rent is to be deposited, he had not sent any reply and since he continues to refuse to receive the rent, he has filed this petition. The landlord/revision-petitioner herein had resisted the claim stating that there was wilful default in payment of rent and that the tenant never offered to pay the rent and that since he had not taken the steps which he is obliged to take under the provisions of the Act. The petition is liable to be dismissed.

(3.) After enquiry, the Rent Controller had dismissed the petition, holding that the procedure adumbrated in Section 8 was not followed. Aggrieved by the said order, the tenant filed appeal in R.C.A. 1197 of 85. After hearing both sides, the appellate authority had allowed the appeal and thereby allowed the petition in R.C.O.P. No. 3762 of 1983. Aggrieved by the order of the appellate authority, the landlord has come forward with this revision.