GANESAN Vs. USHA RANI

JUDGEMENT

(1.) CHALLENGE is made to the order of the Rent Control Appellate Authority, VII Judge, Small Causes Court in RCA. No. 535 of 1999 whereby the order of eviction passed by the Rent Controller, X Judge, Small Causes Court, Chennai on the ground of wilful default was affirmed.

(2.) THE Court heard the learned counsel on either side.

(3.) THE respondent/landlord filed an application for eviction on the ground of wilful default, denial of title and also for own use and occupation stating that the petition mentioned premises was purchased by him and he has become the owner of the property which is being occupied by the revision petitioner/tenant on the monthly rent of Rs. 300/- and when he purchased the property in September, 1994, he informed the same to the revision petitioner/tenant that he purchased the property for the purpose of opening a new branch of the office and the petitioner also agreed to pay the monthly rent of Rs. 300/- from October, 1994 onwards to the respondent/landlord. But he neither paid the rent nor vacated the premises. Hence a notice was issued on 7. 8. 1995 to the respondent terminating tenancy on the ground of wilful default and despite the same, no rental payment was made. On the contrary, he gave a reply on 28. 8. 1995. Under such circumstances, there arose necessity for filinganf application for eviction on the above grounds.