S GURUMURTHY Vs. N RAMAN

JUDGEMENT

(1.) THIS Revision Petition has been filed against the order dated 3.2.2005, made in RCA.No.438/2003 on the file of the VIII Judge, Small Causes Court,Chennai confirming the order dated 24.4.2003 made in R.C.O.P.No.454/2001 on the file of the XVI Judge, Small Causes Court, Chennai.

(2.) THE tenant is the revision petitioner.

(3.) THE rent controller by her order dated 24.4.2003 held that the tenant was not able to establish his case that the landlord informed him not to pay monthly rent after executing the 2nd sale agreement dated 26.11.2000 and therefore the revision petitioner/tenant has committed wilful default in the payment of the monthly rent. Further, the rent controller has also referred to the claim of the tenant that he paid rent up to 2000 by depositing the same in the name of the landlord in a bank and held that the tenant has not produced any counterfoil, receipt or bank statement to establish the same. Insofar as the bonafide requirement of the landlord is concerned, the rent controller has rejected the claim of the landlord as the same was not proved before her with acceptable evidence. Thus the rent controller passed an order of eviction on the ground of wilful default alone.