SYED MEERAN MOHAMMED HUSSAINY Vs. S. BABU

JUDGEMENT

(1.) THIS civil revision is filed to strike off the petition filed under section 8(5) of the Tamil Nadu Buildings (Lease and Rent Control) Act 1960, in RCOP No. 239 of 2014.

(2.) THE respondent filed RCOP No. 239 of 2014 against the petitioner under section 8(5) of the Rent Control Act contending that he was inducted as a tenant from 01.01.2011 on a monthly rent of Rs. 1,200/ - and he had also paid an advance of Rs. 24,000/ -; that in the month of September 2011, the landlord insisted for further advance amount of Rs. 31,000/ -, which was also paid under cheque No. 080872 and that the landlord enhanced the rent at Rs. 2,000/ - per month from October 2011 and demanded payment by way of cheque. So, the tenant paid the rents for the month of October 2011 and November 2011 by cheques and the subsequent payment made through cheques were not encashed. The payment tendered by the tenant was also not received by the landlord and therefore, the tenant issued a lawyer's notice, dated 06.01.2014 for adjustment of the excess advance amount and also sought details to deposit the rent into the bank account.

(3.) THE landlord filed this revision contending that the respondent is the son of G. Selvaraj, who was inducted as a tenant in the petition premises; the landlord had initiated proceedings against him in RCOP No. 1618 of 2013 for fixation of fair rent and RCOP No. 1868 of 2013 for eviction and thereafter, the respondent has filed the present petition with mala fide intention in support of his father to prolong the above Rent Control Original Proceedings. The petitioner/landlord has mainly contended that the respondent is not a tenant under him and there is no cause of action for filing the petition and the petition filed by the 3rd party is not maintainable.