P BALASUBRAMANIAM Vs. D DHANAPANDIAN

JUDGEMENT

(1.) (Civil Revision Petition filed under Section 25 of the Pondicherry Buildings (Lease and Rent) Control Act against the order dated 31.03.2000 made in R.C.A.No.6 of 1999 on the file of the Principal District Judge, Pondicherry, confirming the order dated 10.11.1998 made in H.R.C.O.P.No.49 of 1997 on the file of the Rent Controller at Pondicherry, as stated therein.) This Civil Revision Petition is directed against the concurrent order of eviction passed by the Rent Control Authorities in R.C.A.No.6 of 1999 on the file of Principal District Judge, Poindicherry (arising out of H.R.C.O.P.No.49 of 1997 on the file of Rent Controller, Pondicherry) ordering eviction on the ground of willful default.

(2.) CASE of Petitioner/Landlord is that the Respondent/Revision Petitioner became a Tenant in respect of the demised premises in September 1994 on a monthly rent of Rs.450/-. Lease Agreement was executed on 22.09.1994 for a period of 11 months and it was agreed that lease could be extended by a new Lease Deed. The Tenant paid rent only upto June 1995 and has not paid the rent from July to September 1995. A legal notice was issued on 13.10.1995 and after receipt of notice, the Respondent paid rent in lumpsum upto September 1995 and promised to execute new Lease Deed. Thereafter, the Tenant had not paid rent from October 1995 and hence, another Notice was issued on 15.03.1996. The Respondent evaded receipt of notice and it was returned unserved. On the ground of willful default, eviction petition was filed on 03.07.1997.

(3.) ASSAILING the concurrent findings of the Courts below, learned counsel for the Revision Petitioner/Tenant contended that non-payment of rent by the Appellant was not due to Tenant's fault, but only because the Landlord refused to receive the rent. It was further submitted that in any event, arrears of rent has been paid before 'the effective first hearing date of the case' and therefore, there is no willful default in payment of rent. Rent was due from July to September 1995. Only after issuance of Notice on 13.10.1995, the Respondent paid the rent upto September 1995. Thereafter, again rent became due from October 1995 till the filing of Eviction Petition. Petition was filed in July 1997. Rent was not paid from October 1995 to till the date of filing of the Petition. It is the duty of the Tenant to pay the rent in time. Especially when there was strained relationship between Landlord and Tenant, the Tenant ought to have been vigilant in paying the rent. The Tenant has contended that the Landlord refused to receive the rent for quite some time. But, the Tenant had not taken any steps to deposit the rent invoking Section 8 of the Pondicherry Buildings (Lease and Rent) Control Act. When no receipt was given for the rent paid and when the rent was refused, it is the duty of the Tenant to invoke Section 8 of the Act. Referring to number of decisions, the Rent Control Appellate Authority has rightly held that the tenant did not send rent by any Money Order or initiated proceedings under Section 8(5) of the Act and there is willful default well within the purview of the Act. The concurrent findings of the courts below that the Tenant was not regularly paying the rent and even subsequent to the legal notice cannot be interfered with.