S.SHANMUGAM Vs. DR.SNEHALATHA ELANGOVAN

JUDGEMENT

(1.) This appeal suit has been directed against the judgment and decree dated 16-03-2016, passed in O.S.No.1074 of 2012 by the VII Additional City Civil Court, Chennai.

(2.) The respondent herein, as plaintiff, has initiated O.S.No.1074 of 2012 on the file of the Trial Court praying to pass a money decree in respect of arrears of rent with future interest wherein the present appellant has been shown as sole defendant.

(3.) The material averments made in the plaint are that the plaintiff is the absolute owner of the property mentioned in the plaint and the same is situate in Old No.60, New No.80, 28 th Cross Street, Indira Nagar, Adyar, Chennai. The property mentioned in the plaint consists ground floor, first floor, second floor and third floor. The plaintiff has leased out ground floor, first floor and second floor to the defendant for a period of eleven months from 01-06-2008 to 30-04-2009. The monthly rent has been fixed at Rs.1,50,000/-(Rupees One lakh fifty thousand only). The defendant has paid security deposit of Rs.3,00,000/-(Rupees Three lakhs only). The defendant has run a Women's Hostel namely, Om Shree Sai Ram Working Women's Hostel. In the meanwhile, the defendant, his employees have created so many problems. The plaintiff has terminated the lease with effect from 30-04-2009 and the same has also been intimated to the defendant. The defendant has committed default in paying monthly rent from February 2009 and due to that the plaintiff, as petitioner has filed R.C.O.P.No.1345 of 2009 on the file of the XII Small Causes Court, Chennai, for eviction. During pendency of the same, the plaintiff, as petitioner has filed M.P.No.386 of 2009 under Sections 11(1) and (4) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 for arrears of rent and the same has been allowed on 23-12-2009 and thereby, directed the defendant to deposit arrears of rent and also directed to continue payments of rent at Rs.1,50,000/-(Rupees One lakh fifty thousand only) from January 2010. The defendant has failed to comply with the order passed in M.P.No.386 of 2009. On 12-01-2010, R.C.O.P.No.1345 of 2009 has been allowed and thereby, directed the defendant to vacate the property mentioned in the petition within a period of two months. The defendant, as appellant has preferred R.C.A.Nos.138 and 431 of 2010 and the same have also been dismissed on 15-09- 2010. The defendant has deposited a sum of Rs.4,12,500/-(Rupees Four lakhs Twelve thousand Five hundred only) in R.C.O.P.No.1345 of 2009. The defendant has not chosen to challenge the eviction order passed by the Rent Controller and confirmed by the appellate authority, by way of filing Civil Revision Petition. The defendant has closed the hostel and inmates have vacated the same from 02-05-2010 to 05-06-2010. The defendant has locked the second floor and kept the key with him. The plaintiff has filed E.P.No.475 of 2010. The defendant has wantonly kept some articles in the premises. The defendant has filed C.S.No.806 of 2010 on the file of the High Court, Madras, praying to grant mandatory injunction so as to direct the plaintiff to return the articles wherein Application No.5998 of 2010 has been filed for appointment of an Advocate Commissioner and accordingly, an Advocate Commissioner has been appointed and he handed over all the articles on 26-11-2010 to the defendant. Now, the defendant is liable to pay a sum of Rs.18,98,662/-(Rupees Eighteen lakhs Ninety Eight thousand Six hundred and Sixty two only) towards arrears of rent. Under the said circumstances, the present suit has been instituted for the relief sought therein.