C. DEVI Vs. S. KUNGUMALATHA AND ORS.

JUDGEMENT

(1.) BOTH the revisions arise out of the order passed in RCA Nos. 242 & 598 of 2014 on the file of VII Judge, Small Causes Court, Chennai confirming the order in RCOP No. 254 of 2013 and order dated 14.03.2014 in MP No. 167 of 2013 in RCOP No. 254 of 2013 on the file of XV Judge, Small Causes Court, Chennai.

(2.) THE tenant is the revision petitioner. The respondents / landladies initiated eviction proceedings against the tenant seeking eviction under Section 10(2)(i) and 10(3)(a)(i) of Tamil Nadu Buildings (Lease & Rent Control Act). The landladies have averred in the petition that they jointly purchased the petition premises under a sale deed dated 02.12.2010 and the tenant is the vendor's sister -in - law. At the time of purchase, the tenant was living in the first floor portion of the premises and she wanted to stay as tenant for a short period. The tenant agreed to vacate the premises in the month of May 2011 and also agreed to pay rent of Rs. 7,500/ - per month. Considering the relationship with the vendor, the landladies did not receive any advance.

(3.) THE tenant resisted the eviction petition stating that when her mother -in -law purchased the property, the husband of the tenant had contributed Rs.1,25,000/ - and that amount has to be treated as advance for this lease agreement; that the rent was only Rs.5,000/ - and the tenant was paying the rent by way of cash regularly but the landladies were not in the habit of issuing receipts. It is further stated that the landladies were receiving rent till October 2012, but thereafter suddenly became hostile and admitted to dispossess with the help of musil man. Hence, the tenant lodged a police complaint and also filed O.S.No. 35 of 2012 on the file of the Asst. City Civil Court, Chennai praying for permanent injunction against the landladies. It is further stated that the requirement of the landladies are not bonafide.