NELSON Vs. P RANGANATHAN MUDALIAR

JUDGEMENT

(1.) Tenant in R.C.O.P. No. 23 of 1986; on the file of the Rent Controller, Vellore,, is the revision petitioner.

(2.) The respondent filed eviction petition against the petitioners on the ground that the petitioner has committed wilful default in paying the rent.

(3.) The material averments are as follows: The agreed rent as per the rent deed executed by the petitioner was Rs. 5,000/- per mensem. But the respondent herein filed R.C.O.P. No. 37 of 1980 before the Rent Control Court, Vellore, for fixation of fair rent. The application was filed on 10-3-1980. On 30-1-1982, the Rent Controller fixed the fair rent at Rs. 1050/- per mensem. Against the decision, two appeals were filed before the Appellate Authority as C.M.A. Nos. 63 and 64 of 1982. Both the appeals were heard jointly and the Appellate Authority modified the order on 5-1-1985 and fixed the fair rent at Rs. 1,100/-. Against the decision the tenant filed C.R.P. No. 2437 of 1985, and, as per Ex.B.4 dated 29-7-1985, the operation of the judgments and decreed in R.C.O.P. No. 37 of 1980 and R.C.A. No. 64 of 1982 were stayed by this Court. The stay order was in force till the revision was finally disposed of by this Court. The landlord also filed C.R.P. No. 2109 of 1985. This Court fixed the fair rent at Rs.1,125/- and thus partly allowed the revision of the landlord and dismissed the revision of the tenant. The order of this Court is dated 11-9-1987. In the meanwhile, i.e., after the appeal was disposed of by the Appellate Authority on 17-10-1985; the landlord issued a notice demanding payment of rent at the rate of Rs. 1,100/- and also arrears of rent from 10-3-1980 as fixed by the Sub- Court. The notice issued by the landlord was admittedly at a time when the matter was stayed by this Court. The notice was replied by the revision petitioner herein as per reply dated 29-10-1985 where he stated that the landlord has no right to claim eviction on the ground of wilful default. The rejoinder was sent by the landlord on 16-11-1985 repeating the averments in the notice. After a few months, the present application is filed wherein eviction is claimed on the ground that the tenant has committed default in paying the rent. In the eviction petition, the arrears that are claimed are as follows:-