S UDHAYAKUMAR Vs. M SUNDARARAJAN

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against the order of Eviction dated 05. 02. 2004 passed by the Principal Subordinate Judge, madurai in R. C. A. No. 38 of 2002, reversing the Order of the Principal District munsif, Madurai Town dated 31. 10. 2001 in R. C. O. P. No. 306 of 1996. The Tenants are the Revision Petitioners.

(2.) THE Tenanted Building relates to Door No. 42-North Chithirai Street , Madurai . THE Portion in the Ground Floor measuring East West ----- 15 feet North South ----- 10 feet.

(3.) THE Tenant Sadhasiva Nair has filed the Counter statement denying non payment of rent and wilful default. According to the tenant, he has tendered the rent to the Landlord, who refused to receive it. Hence, Money Order was sent on 11. 07. 1995, which was also refused by the landlord. Hence, the Tenant has issued a notice on 20. 07. 1995 to the Landlord to specify a Bank into which rents may be deposited. THE Landlord sent a reply dated 26. 07. 1995. THE rents sent by the Tenant for the month of Vaikasi and Ani of Yuva Year by Money Order was also refused. When the Tenant has paid the rent in person on 31. 08. 1995, the Landlord has used filthy language and scolded the tenant. Because of the indifference attitude of the Landlord, has been depositing the rent to the credit of R. C. O. P. No. 306 of 1996. It is the further case of the Tenant that there was no agreement to conduct Hotel Business. THE building was let out for non-residential purposes and hence, the Tenant is at liberty to use the premises for any business purpose. THEre was no agreement, restriction or prohibition from using the building for running the readymade shop.