MRS. P. LEELAVATHI Vs. N. SANJEEVIRAJ

JUDGEMENT

(1.) This revision petition is directed against the order passed by the appellate authority confirming the order passed by the Rent Control Tribunal.

(2.) The brief facts of the case is that the revision petitioner is the landlord of the demised premises. The respondent herein has entered into a tenancy agreement with her in respect of the demised premises on 28.07.1993 along with his partners. The tenancy was for a period of five years and rent was fixed @ Rs.850.00 per month for first two years and for the remaining period @ Rs.1000.00 per month. While so, from Oct. 1998, the respondent stopped paying the rent despite several demands. Meanwhile, the landlord has entered into a sale agreement with one Balaji on 109.1998 with a specific clause prescribing time for completing the agreement within three months. The said Balaji has failed to perform his part of contract and it is now stated by the counsel for the petitioner that the said Balaji filed a suit for specific performance which was ultimately dismissed.

(3.) Though there is an admitted default on the part of the tenant, the tenant has stated that based on the assignment of the sale agreement in his favour by Balaji, possession of the premises is for part performance of the agreement entered into between the landlord and Balaji and therefore, there is no wilful default.