SAHABUDEEN Vs. KUNCHITHAPATHAM

JUDGEMENT

(1.) Civil Revision Petition is filed against the fair and decreetal order dated 05.03.2016 made in R.C.A.No.1 of 2015 confirming the fair and decreetal order dated 31.10.2014 made in R.C.O.P.No.6 of 2010 on the file of the Rent Controller (District Munsif Cum Judicial Magistrate) Nannilam.

(2.) The respondent/landlord has filed R.C.O.P.No.6 of 2010 for eviction on the ground of wilful default and also owners occupation. After contest, R.C.O.P. was allowed, eviction was ordered on both grounds. Aggrieved over the same, the petitioner/tenant has preferred R.C.A.No.1 of 2015. That appeal was dismissed. Challenging the same, the petitioner has preferred this revision.

(3.) Learned counsel for the petitioner/tenant would submit that R.C.O.P. has been filed on 22.09.2010 as if the petitioner has committed default in payment of rent for the month of August 2010. As per Ex.P4, the rental agreement, in clause-2, it was specifically stated that rent for the month has to be paid at the end of the succeeding month. So rent for August month has to be due till 30.09.2010. But the application has been filed on 22.09.2010. So there is no default that too wilful default. That factum was not considered by both the Courts below. Further, August and September months rent have been paid subsequently. As on today, there is no arrears of rent. Hence, he prays for setting aside the eviction order on the ground of wilful default.