G R RAGUPATHY Vs. DR K SANKAR

JUDGEMENT

(1.) TENANT in R.C.O.P. No. 4 of 1985, on the file of the Rent Controller (District Munsif, Gobichettipalayam), is the revision petitioner.

(2.) THOUGH eviction was sought on various grounds by the respondent herein, the only ground that now survives is, the claim for eviction on the ground of wilful default, and also the ground that the building is required for the bona fide own occupation of the respondent.

(3.) THE above allegations are answered in paragraphs 3 to 5 of the counter. It is stated therein that the rent is not payable by month, but the agreement is to pay rent once in a year. He further said that the rental arrangement began long before, i.e., in 1968, and the original rent was only Rs. 25/- and the same was enhanced to Rs. 130/-. He said that from 1979 onwards, the monthly rent was agreed to be paid only every year. In paragraph 5 of the counter, he gave details of certain payments which, according to him, will show that there is a contract between the parties to pay and receive the amount only once a year, and that too after Deepavali Holidays. Regarding the bona fide requirement for own use, the same is answered in the counter. He said that the petitioner (landlord) is in possession of more that 25 buildings, and the claim put forward by the landlord is lacking in good faith. Ultimately, the tenant prays for dismissal of the eviction petition.