RAJAPPA Vs. JOHNY D COUTO

JUDGEMENT

(1.) THIS Civil Revision Petition has been preferred against the order, dated 22. 07. 2003, passed in R. C. A. No. 688 of 2001 on the file of the VIII, court of Small Causes at Madras, confirming the order of eviction, dated 30. 08. 2001, passed in R. C. O. P. No. 2187 of 1999 on the file of the XII Court of Small Causes at Madras.

(2.) HEARD the learned counsel for the petitioner as well as the respondent.

(3.) IT is the case of the petitioner/tenant that the respondent/ landlord had filed R. C. O. P. No. 2187 of 1999 before the Rent Controller for eviction on the ground of alleged 'wilful default' in payment of rents for the period from April 1999 to September 1999. The learned Rent Controller had allowed the petition, by his order order, dated 30. 08. 2001. Against which, the petitioner herein had filed an appeal before the Rent Control Appellate authority in R. C. A. No. 688 of 2001. The Rent Control Appellate Authority, by an order, dated 22. 07. 2003, had dismissed the appeal confirming the Judgment and decree of the Rent Controller granting two months time for the petitioner to vacate the premises in question. Against the said order of the Rent control Appellate Authority, the present Civil Revision Petition has been filed stating that both the Rent Controller and the Appellate Authority had failed to follow various principles laid down by the Courts under Section-10 (2) (i) of the Tamil Nadu Buildings (Lease and Rent Control), Act-1960. (herein after referred to as 'the act')