H J SIWANI Vs. U UGMA BHAI

JUDGEMENT

(1.) CHALLENGING the Judgment of the Rent Control Appellate Authority, VII Court of Small Causes, Chennai made in R.C.A.No.1263 of 2005, whereby the order of the XVI Small Causes Judge, Rent Controller made in R.C.O.P.No.1130 of 2004, a petition for eviction, was confirmed on the ground of willful default and for non-user, this Civil Revision Petition has been brought forth before this Court.

(2.) THE Court heard the learned counsel on the side of the petitioners and also on the opposite side.

(3.) IN so far as the other ground of willful default, it is not in controversy that rental for the period as mentioned in that petition was not paid but a proper explanation was tendered that revision petitioners/tenants manager was making the payments of monthly rental for different premises and inadvertently he has failed to remit the rent to the respondent premises and once it was brought to the notice of the revision petitioners herein/tenants, who have got a base in Bangalore and carrying on business, immediately the entire payment was made in Court. Apart from that, even from the evidence, it would be quite clear that on the earlier occasion lumpsum payment have been received by the landlord and under such circumstances, it has got to be accepted that there was neither default nor willful on the part of the tenants. IN support of this contention, he has relied on the decision of this Court in the case of Duraiappa Nadar vs. Thirupurasundariammal reported in 1989 I MLJ 89.