S. KARTHIKEYAN Vs. P. JAWAHAR

JUDGEMENT

(1.) The petitioner has filed this Civil Revision Petition against the Judgment and Decree passed in R.C.A. Nos. 384 and 385 of 2006 respectively, dated 13.07.2012 on the file of the VIII Small Causes Court / Rent Control Appellate Court, Chennai, confirming the Judgment and Decree in R.C.O.P. Nos.1370 and 1872 of 2004, dated 23.03.2006, on the file of the XIII Small Causes Court/ Rent Control Court, Chennai.

(2.) These Civil Revision Petitions are arising out of the common, concurrent orders passed by the Rent Controller and the Appellate Authority respectively.

(3.) The petitioner herein was inducted as a tenant in a portion of the ground floor at the premises bearing door No.48, II Trust Main Road, Mandavelipakkam, Chennai-600 028 by the respondent herein on 01.01992. The respondent herein filed a R.C.O.P. No.1370 of 2004 on the file of the XIII Judge of Court of Small Causes (Rent Control), Chennai seeking eviction of the petitioner herein from on the ground that the petitioner herein committed wilful default in making the payment of monthly rents from Jan., 2004 onwards. The present monthly rent for the petition premises is at a sum of Rs.1550.00. The petitioner herein filed counter averring that the present rent is at Rs.600.00 per month. He also denied the ownership of the landlord by alleging that the petition premises belonged to The Tamil Nadu Slum Clearance Board. This led the respondent herein to file another eviction petition in R.C.O.P. No.1872 of 2004 on the file of the XIII Judge of Court of Small Causes (Rent Control), Chennai on the ground of Denial of Title. The petitioner herein filed counter statement in that petition also. Both the petitions were tried together and a common order dated 202006 was passed by the learned Rent Controller ordering eviction on the ground of wilful default in payment of rent in the 1st eviction petition and on the ground of denial of title in the 2nd eviction petition.