S RAJAM Vs. RAJA STORES

JUDGEMENT

(1.) AGGRIEVED against the order passed by the appellate authority cum VIII Judge, Court of Small Causes, Chennai in R. C. A. No. 746 of 1997 and 744 of 1997 in and by which the eviction order passed by the Rent controller cum XIII Judge, Court of Small Causes, Chennai in R. C. O. P. Nos. 1479 and 879 of 1995 has been set aside, the landlords have filed these revision petitions.

(2.) THE landlords'case before the Rent Controller in brief can be narrated as hereunder:- THE petition mentioned premises belong to the landlords and the respondent herein viz. , M/s. Raja Stores is the tenant of the premises and the agreed tenancy is according to English calendar month. THE tenant is continuing the business in metal works even after his father's death who originally became the tenant of the premises. Whileso, the tenant is not regular in paying the rents and has also committed wilful default in payment of rents from September 1992 onwards inspite of repeated demands made by the landlords. THErefore, the tenant is liable to be evicted on the ground of wilful default under the provisions of the Tamil Nadu Buildings (Lease and Rent control) Act.

(3.) IT was further submitted by the learned counsel appearing for the revision petitioners that even during the cross examination of PW1 made on 29. 10. 1996, it has been suggested by the tenant as So, it is clear from the suggestion that the landlords without no other go only have chosen to purchase vessels from the shop of the tenant and adjust the rents and nothing else. Therefore, he further pointed out that it cannot be stated by the tenant that no demand was made by the landlords for payment of monthly rents regularly. IT was further pointed out that the tenant and particularly RW1 Ravichandran has gone to the extent of issuing cheques towards payment of rents due for many months and those cheques also have been dishonoured for want of sufficient funds and subsequently, after some time such cheque amounts have been paid as evidenced by Exs. P4 to P9. Further, the tenant has chosen to pay arrears of rent even after filing of the two r. C. O. Ps and he was going on giving cheque to be dishonoured and then paying the amount and getting receipts and those receipts also have been received by him without prejudice to the merits of those R. C. O. Ps.