LAWS(MAD)-2007-1-292

MOHAN Vs. T R KUMAR

Decided On January 05, 2007
MOHAN Appellant
V/S
T.R. KUMAR Respondents

JUDGEMENT

(1.) (Prayer: Revision filed against the Judgment and Decree of the Rent Control Appellate Authority, VII Judge, Small Causes Court, Chennai dated 11.03.2005 in RCA No.189/2004, confirming the Judgment and Decree of Rent Controller XV Judge, Small Causes Court, Chennai dated 30.01.2004 in RCOP No.1248/2003.) This revision is directed against the Order of Rent Control Appellate Authority " VII Judge, Small Causes Court, Chennai, in R.C.A.No.189/2004, confirming the Order of eviction passed by the Rent Controller in RCOP No.1248/2003.

(2.) BRIEF facts are as follows:- Petition premises D.No.26, Melapadi Naiken Street, Nungambakkam, Chennai was leased out to the Tenant by the Respondents/landlords on a monthly rent of Rs.160/-. Earlier, Respondents/landlords filed R.C.O.P.No.2061/1993 on 07.08.1993 for fixation of fair rent. Fair rent was fixed at Rs.616/- and it was reduced to Rs.491/- in RCA No.736/1995.

(3.) BOTH the Courts below have recorded concurrent finding of fact that the Petitioner/Tenant has committed willful default in not paying the arrears of difference in rent and also the contractual rate of rent from 01.07.2002 and ordered eviction. The concurrent finding of the Courts below is challenged in this revision.