N S GOVINDARAJAN Vs. BAVANI BAI

JUDGEMENT

(1.) THE concurrent orders passed in Rent Control Original Petition No. 4 of 1993 and in Rent Control Appeal No. 33 of 1998 by the Rent Controller (Principal district Munsif Court), and by the Rent Control Appellate Authority (Principal subordinate Court), Madurai, respectively, are now under challenge.

(2.) THE respondents herein as petitioners have filed the present petition under Section 10 (2) (i), 10 (2) (ii) (b) and 10 (3) (a) (iii) of the Tamil Nadu buildings (Lease and Rent Control) Act, 18 of 1960, wherein the present revision petitioner has been shown as the respondent/tenant.

(3.) IT is averred in the petition that the petitioners are the owners of the demised premises and the respondent has been enjoying the same for monthly rental of Rs. 850/- and the same should be paid according to English calendar month. The respondent is a chronic defaulter in paying monthly rents and he has shown supine indifference and callousness in payment of rent. The respondent has committed wilful default in paying monthly rents from February 1992 to May 1992. The petitioners have sent a letter dated 02. 06. 1992 to the respondent and thereby directed him to pay arrears of rent. Despite of the said letter, the respondent has continued his wilful default. The respondent has committed wilful default in paying monthly rents from July 1992 to December 1992. The respondent has taken the demised premises only for the purpose of running printing press and now he is doing film distribution business in the demised premises and thereby violated the condition of lease. The petitioners are doing stationery business at Door No. 36 East Chithirai Street, Madurai-1 and now the demised premises is required for their own use and occupation, and under the said circumstances, the present petition has been filed.