A. N. MUTHUKARUPPAN Vs. P. VENKATESHWARAN

JUDGEMENT

(1.) Challenge has been made against Order of the appellate authority setting aside the Order of eviction of the Rent Control Court and remanding back the matter for fresh adjudication, the present revision has been filed.

(2.) The revision petitioner has filed a petition under sec. 10[2][i] of the Tamilnadu Buildings [Lease and Rent Control] Act. It is the case of the petitioner that the respondent is a tenant under him for a monthly rent of Rs.2000.00. The respondent has committed willful default from March 2011. After repeated demands, he has paid a sum of Rs.30,000.00 towards arrears of rent. The respondent has to pay arrears of Rs.52,000.00 from April 2013 to March 2023. Despite the legal notice issued in this regard, the arrears of rent has not been paid. Hence, a petition has been filed to evict the tenant.

(3.) In the counter, it is the case of the respondent that there was no jural relationship between himself and the landlord and he was inducted into possession by one Meenakshi Aachi on account of usufructuary mortgage (xj;jp). According to him, he paid a sum of Rs.2.00 lakhs. Therefore, he deny the jural relationship of landlord and tenant.