A JOHN Vs. BHUMGARA

JUDGEMENT

(1.) The revision petition arises out of the order of the District Judge, Nilgiris at Uthagamandalam and the Appellate Authority under the Tamil Nadu Buildings (Lease and Rent Control) Act in C.A.No. 165 of 1984, confirming, the order of the Rent Controller (District Munsif) of Coonoor in R.C.O.P.No.445 of 1984. The aggrieved tenant is the revision petitioner.

(2.) The respondent herein is the landlady of the scheduled premises tenanted to the revision petitioner on a monthly rental of Rs.120.00 as per the Gregorian calendar. According to the respondent-landlady the revision petitioner-tenant defaulted in the payment of rent from 1.4.1980 till 31.8.1981 and the arrears amounted to Rs.2,040.00 at the time of the filing of the application for eviction. The default is willful and hence the petition.

(3.) The revision petitioner-tenant contended that he had paid the rent upto the end of 3uly 1980. According to him, the landlady was not in the habit of issuing receipts and the rent was being paid only in a lump sum. Hence, there was no willful default.