SAKUNTHALA AMMAL Vs. CHANDRASEKARA ACHARI

JUDGEMENT

(1.) CHALLENGING the judgment of the Division Bench of Small Causes Court, Chennai made in NTA No. 5 of 1999, the defendant/revision petitioner has brought forth this revision petition.

(2.) THE respondent Shri Chandrasekara Achari Estate, represented by its Executive Officer, has filed original suit on the file of the Small Causes Court, Chennai, seeking ejectment of the revision petitioner that she was the tenant in respect of the premises belonged to the trust, which was subsequently merged with Angala Parameswari and Kasi Viswanatha Swami Temple; that she was paying rental; that there was rental balance for 18 months at the rate of Rs. 65/-; that a notice was issued on 19. 8. 1994 calling upon her to vacate and hand over the possession on or before 30. 09. 1994, but not done so and hence, the suit. It was resisted by the defendant/revision petitioner, stating that it is true, rental rate was Rs. 65/- and she has been making payment without any default; that since she was not doing well, she could not pay; that further she has paid the total rental balance in July, 1997 and there was no rental balance at all; that the tenancy was not terminated properly as contemplated in law and under these circumstances, the suit must be dismissed. On trial, the suit was decreed. Aggrieved, the defendant therein filed civil revision petition before this court. THEre was permission to file NTA before the court of Small Causes and the CRP was dismissed. Accordingly, NTA No. 5 of 1999 was filed. On enquiry by the Division Bench of Small Causes Court, Chennai, the same was dismissed. Aggrieved the defendant has brought forth this civil revision petition before this court.