O M A THYAGARAJA MUDALIAR DIED Vs. TAMILSELVI

JUDGEMENT

(1.) THIS civil revision petition has been filed by one Thyagaraja Mudaliar being the tenant of the premises in question against the landlady viz. , Tamilselvi against the order passed by the Rent Control Appellate Authority cum Principal Sub Judge, Chengalpattu in R. C. A. No. 4 of 1997 in and by which the dismissal order passed by the Rent Controller cum District Munsif, Chengalpattu in R. C. O. P. No. 1 of 1993 has been set aside and R. C. A. No. 4 of 1997 has been allowed.

(2.) THE brief facts leading to this revision petition can be narrated as hereunder. The premises bearing door No. 109, Mettu Street (Gandhi Road), Chengalpattu Town was originally belonging to one Anusuya. The revision petitioner Thyagaraja Mudaliar is a tenant in the said premises on a monthly rent of Rs. 75/= for the past many years. Whileso, the said Anusuya sold the said premises in favour of the landlady Tamilselvi through a registered sale deed in the year 1992. Thereafter, the landlady Tamilselvi issued notice in December 1992 for payment of rent and attornment of tenancy. But, the revision petitioner Thyagaraja Mudaliar, without attorning the tenancy with Tamilselvi, had chosen to set up a plea as if he had entered into an oral agreement of sale of the premises with the previous owner Anusuya and she did not inform about the sale in favour of Tamilselvi and consequently, Thyagaraja Mudaliar sent rents due for the months of August and September 1992 by money orders and they were refused by Anusuya and that further the said Thyagaraja Mudaliar filed separate R. C. O. P. No. 13 of 1992 on the file of the District Munsif, Chengalpattu under section 8 (5) of the Tamilnadu Buildings (Lease and Rent Control) Act praying for permission to deposit the rents into court.

(3.) HOWEVER, after enquiry, the Rent Controller cum District Munsif came to the conclusion that the grounds made in R. C. O. P. No. 1 of 1993 filed by the landlady for eviction of Thyagaraja Mudaliar viz. , wilful default in payment of rents, wilful denial of title and requirement of own use and occupation were not proved and further after having come to know that the landlady Tamilselvi purchased the premises from the previous owner Anusuya, the tenant Thyagaraja Mudaliar has no right to deposit the rent into court and consequently, dismissed both the petitions viz. , R. C. O. P. Nos. 1 of 1993 and 13 of 1992.