V. JAYAKUMAR Vs. SITHI RASHEEDA BEGUM

JUDGEMENT

(1.) THIS civil revision arises out of the order of the Rent Control Appellate authority, (8th Court of Small Causes), Chennai in RCA No. 786 of 2010, confirming the order of the Rent Controller (5th Judge, Court of Small Causes), Chennai passed in RCOP No. 1747 of 2008, dated 27.09.2010.

(2.) THE respondent/landlady initiated the eviction proceedings against the petitioner in RCOP No. 1747 of 2008 under section 10(2)(i) of the Tamil Nadu Buildings (Lease and Rent Control) Act 1960 contending that the tenant was inducted on a monthly rent of Rs. 2,000/ - and he is a chronic defaulter in payment of monthly rents and he was always irregular in the payment of rents and he has failed and neglected to pay rents for the period of 13 months from June 2007 to June 2008 amounting to Rs. 26,000/ -.

(3.) THE tenant resisted the application contending that she had paid initially Rs. 75,000/ - to the original owner namely Mr. G. Mani as advance and subsequently, he paid another sum of Rs. 1,10,000/ - as additional evidence, that the landlady is a resident of Keelakarai, she was collecting rent through one M.S. Shaik Shamsudeen and he refused to receive the rent for September 2006 and therefore, she sent the rent by Money Order and in the first week of June 2007, the Agent started to demand more rent and when the tenant refused to pay the enhanced rent, the money sent on 14.06.2007 were returned and it is further stated that the Agent told her that they will not receive the rents and therefore, the tenant has tendered the entire arrears of rent of Rs. 30,000/ - on the first hearing of the eviction petition and therefore, there is no willful default.