SANDHYA RAO Vs. BP SHARAT CHANDRAN

JUDGEMENT

(1.) The Civil Revision Petition is filed against the judgment and decree dated 10.10.2013 made in R.C.A.No.247 of 2010 on the file of the VIII Small Causes Court, Chennai, reversing the fair and decretal order dated 08.03.2010 made in R.C.O.P.No.1963 of 2008 on the file of the XV Small Causes Court, Chennai.

(2.) The petitioner is landlord and respondent is tenant. The petitioner filed R.C.O.P.No.1963 of 2008 for eviction of the respondent on the ground of wilful default and cease to occupy. According to the petitioner, respondent is a tenant in respect of the petition premises bearing Flat No.8, 3 rd floor, Venkatakrishna Nivas, No.8, Rajachar street, T.Nagar, Chennai-600 017, on a monthly rent of Rs.7,500/- (Rs.5,000/- towards rent and Rs.2,500/- towards maintenance) and the respondent paid a sum of Rs.48,000/- as advance. The respondent did not pay the rent from January 2008 to July 2008 amounting to Rs.52,500/-. After adjusting the rental arrears from the advance amount of Rs.48,000/- retaining one month rent as advance, respondent is still due and liable to pay rental arrears of Rs.12,000/- as on July 2008. The respondent kept the petition premises locked continuously from January 2008 onwards more than the statutory period without any reason and has ceased to occupy the petition premises for a continuous period of seven months. The petitioner sent a notice dated 24.06.2008 terminating the tenancy of the respondent with the expiry of 30.06.2008 and the same was returned with an endorsement left . For the above reason, the petitioner has filed said R.C.O.P. for eviction on the ground of wilful default and cease to occupy.

(3.) The respondent filed counter affidavit and denied that he has paid advance of Rs.48,000/-. There was an agreement between the petitioner and respondent to adjust the monthly rent of Rs.7,500/- from advance amount of Rs.48,000/- from January 2008 and after adjusting the advance amount, the respondent could not pay the monthly rent for July and August 2008, due to the sudden death of his brother-in-law and father-in-law. The petitioner started demanding enhanced rent without any valid reason. The respondent refused to accept the demand of the enhanced rent. Due to that, the petitioner filed present R.C.O.P. with an ulterior motive for letting out the petition premises to the third party. It is not correct to state that there was arrears of rent of Rs.12,500/- due and payable on the date of filing petition. On the other hand, only a sum of Rs.4,500/- is due and payable by the respondent. The respondent tendered a sum of Rs.19,500/- on 23.10.2008 i.e., the first date of hearing. The learned counsel for the petitioner refused to receive the same and respondent deposited the said amount with ICICI Bank account of the petitioner as per the rental agreement and continued to pay rent every month. The respondent denied that he had ceased to occupy the petition premises from January 2008. On the other hand, he was away for few days during July and August 2008. The petitioner has come out with false case. The respondent also denied that the advocate notice alleged to have been issued to the respondent on 24.06.2008 and the same was returned with an endorsement left .