M NARAYANASWAMI Vs. ROYA POULLE AMALA

JUDGEMENT

(1.) THE unsuccessful tenant before both the authorities below is the petitioner in this Civil Revision Petition.

(2.) THE respondent/landlady file R.C.O.P. No. 99 of 1992 on the file of the Rent Controller, Pondicherry, against the tenant under Section 10(2)(1) of the Pondicherry Buildings (Lease and Rent Control) Act. 1969, for eviction. THE case of the landlady is that she is the owner of the building situated at the junction of lgnacy Mainstry Street and Bharathi Street bearing Door No. 32-A (New No. 42) at lgnacy Maistry Street and Door No. 218 (New No. 466) at Bharathi Street, Pondicherry and that the ground floor portion of the said building was leased out to the tenant on a monthly rent of Rs. 200/-. It is her case that on 3.4.1990, the landlady and her sisters and brothers had effected a partition of their joint family properties under a registered partition deed in which the demised premises and the building was allotted to her share. THE tenant, though paid the rent till July, 1991, has committed defeult thereafter and has not chosen to pay the rent in spite of several demands to pay the same. THE land lady on 11.1.1992 and 26.3.1992 sent a notice and a corrigendum respectively to the tenant calling upon him to pay the arrears of rent and also vacate and deliver possession. THE tenant, though received the same, did not send any reply. Thus, the tenant has committed wilful default in payment of rent since he did not choose to pay the rent even after receipt of the notice. THE tenant being a chronic defaulter is liable to be evicted.

(3.) ON the side of the landlady, Exs. A-1 to A-12 were marked and the landlady examined herself as P.W. I. ON the said of the tenant, no documents were filed. The tenant has examined himself as R.W. I.