VASANTHA MALIGA Vs. N.BACHERLAL

JUDGEMENT

(1.) This Civil Revision Petition is filed against the fair and decreetal order in RCA No.43 of 1993 dated 08.09.2009 on the file of the Rent Control Appellate Authority, Villupuram allowing and reversing the fair and decreetal order in RCPP No.7 of 1992 dated 06.08.1993 on the file of the Rent Controller, Villupuram.

(2.) The petitioners are the wife and son of late Subash Chandra Bose who was the tenant of the petition premises under the first respondent. The first respondent is the landlord and the respondents 2 and 3 are daughters of late Subash Chandra Bose. The parties are referred to as arrayed in the RCOP.

(3.) The landlord filed RCOP No.7 of 1992 on the file of Rent Controller, Villupuram for eviction of the tenant on the ground of wilful default, act of waste and for owners occupation. According to the landlord, the tenant was occupying the petition premises on a monthly rent of Rs.250/- and was running a flour mill in the front portion of the petition premises. The tenant was initially paying the rent regularly and he did not pay the rent from 01.02.1991 till the date of filing of RCOP, a sum of Rs.3500/- was the arrears of rent. When the landlord demanded the rent from the tenant, during August 1991, the tenant sent a money order and stated that the rent is due only from August 1991. Hence, the landlord refused to receive the rent. The lanlord is having account in respect of the rent paid by the tenant. It is not correct to state that the tenant has not committed wilful default in paying the rent. The tenant also caused damages to the petition premises and he is not maintaining the petition premises properly. The landlord's eldest son is employed in the cement business run by his paternal uncle and he has got a registration certificate for running cement business on his own. The landlord sent notice through his Advocate calling upon the tenant to vacate and deliver the vacant possession. The tenant sent reply through his Advocate containing false averments.