A. JOHN Vs. BHUMAGRA

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 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 at the time of the filing of the application for eviction. The default is wilful and hence the petition.

(3.) DURING the pendency of the application before the Rent Controller, the learned Rent Controller on 1.9.1984 by an order directed the tenant to pay the admitted arrears of rent on or before 28.9.1984. The revision petitioner-tenant did not pay as directed and hence on 29.9.1984 the Rent Controller passed an order of eviction, presumably under section 11(4) of the Tamil Nadu Buildings (Lease and Rent Control) Act. Aggrieved thereby the tenant preferred an appeal before the Appellate Authority in R.C.A. No. 165 of 1984. The Appellate Authority confirmed the order of eviction. Hence, this revision petition.