O RAJENDRAN Vs. V A H SAHUL HAMEED

JUDGEMENT

(1.) THIS Civil Revision Petition is filed against the order dated 17. 04. 2003 of the Rent Controller (District Munsif), Batlagundu made in i. A. No. 1 of 2003 in R. C. O. P. No. 1 of 2001, allowing the Petition filed under rule 12 (3) of the Tamil Nadu Buildings (Lease and Rent Control) Rules, setting aside the exparte order on condition of payment of Rs. 60,000/- towards Rental arrears. The Tenant is the Revision Petitioner.

(2.) THE Demised Premises is the Non-residential premises at Door No. 7. 1. 124 in Main Road , batlagundu. THE Revision Petitioner became the Tenant in the Demised Premises for carrying on the pesticide business. He is said to be in occupation of the premises from May 1994. THE monthly rent payable is disputed. According to the revision Petitioner, the monthly rent is Rs. 300/ -. Per contra, according to the respondent / Landlord, the monthly Rent was Rs. 1600/- at the inception of tenancy and thereafter, rent has been increased to Rs. 2300/- per month by mutual agreement. THE dispute between the parties on the rent payable is a matter for determination in the final hearing.

(3.) THE Revision Petitioner has filed elaborate Counter statement stating that he has been regularly depositing the Rent in r. C. O. P. No. 6 of 1998 (at the agreed rate of Rent of Rs. 300/- per month ). For his non-appearance, in R. C. O. P. No. 1 of 2001, the Revision Petitioner / Tenant has been set exparte on 14. 11. 2002; exparte evidence was recorded on 13. 12. 2002 and exparte order of Eviction was passed.