PEER MOHAMMED Vs. ABDUL RAHUMAN

JUDGEMENT

(1.) CHALLENGE is made to the order of the Rent Control Appellate Authority made in RCA.No.1231 of 2005 whereby the order of the Rent Controller in RCOP.No.1359 of 2004 was affirmed. Aggrieved over the same, this Civil Revision Petition has been brought forth by the tenants.

(2.) THE respondents/landlords made a petition for eviction on the ground of wilful default under Section 10(2)(1) of the Tamil Nadu Buildings (Lease and Rent) Control Act stating that the they are the absolute owners of the property bearing Door No.33/17, 1st Floor Ponnappa Street, Purasawalkkam,Chennai-84, that the respondents are the tenants under them in respect of the petition premises , that the monthly rent was fixed at Rs.3,000/-, that the tenants were in arrears of rents from January 2004 to March 2004 and despite many demands, the rents were not paid. Under such circumstances, there arose a necessity for filing the petition for eviction on the ground of wilful default.

(3.) ADVANCING his arguments on behalf of the revision petitioners/tenants, learned counsel would submit that the parties were closely related to each other and the respondents have paid the sum of Rs.15,000/- towards rental advance and the respondents did not give receipt for the same . The monthly rent was fixed at the rate of Rs.1,500/- only as per the English Calender month and at no point of time, receipt was issued by the landlords to the tenants and for the month of January, 2004, rent was paid and it was also received by the landlord at the rate of Rs.1,500/- and for the months of February, 2004 and March,2004, the rents were tendered by way of Demand draft along with the lawyer's notice and the same was refused by the landlord. Under such circumstances, an application has been brought forth with all false allegations. Under such circumstances, the orders of both the authorities below have got to be set aside.