S DINAKAR Vs. R RAJAN

JUDGEMENT

(1.) This Civil Revision Petition is filed against the judgment and decree dated 18.11.2013 passed by the VII Judge, Court of Small Causes (Rent Control Appellate Authority), Chennai in RCA No.477 of 2011 confirming the order and decree dated 06.07.2011 passed in M.P.No.28 of 2011 in RCOP No.2283 of 2007 by the XI Judge, Small Causes Court, Chennai.

(2.) The petitioner is the landlord and the respondent is the tenant in the RCOP No.2283 of 2007 filed before the XI Judge, Small Causes Court, Chennai. The petitioner filed the above RCOP for eviction on the ground of wilful default in payment of rent from December 2003 to November 2007 @ Rs.6,800/- per month for 48 months, totalling to Rs.3,26,400/-. The respondent filed counter and is contesting the RCOP. The petitioner filed MP No.133 of 2008 in RCOP No.2283 of 2007 under Section 11 (3) and (4) of the Tamil Nadu Buildings (Lease and Rent Control Act) for a direction to the respondent to deposit the arrears of rent in to court totalling to Rs.3,46,800/- payable towards rent from December 2003 to February 2008. The learned Rent Controller, by order dated 17.06.2008 directed the respondent to deposit a sum of Rs.3,46,800/- to the credit of RCOP No.2283 of 2007 within one month from the date of the order failing which order of eviction will be ordered. The respondent did not deposit the arrears of rent into the court. By order dated 08.08.2008, MP No.133 of 2008 was allowed and all further proceedings in RCOP was stopped and eviction was ordered granting two months time to the respondent to vacate and handover the vacant possession of the petition premises to the petitioner.

(3.) The respondent filed two RCAs viz. RCA No.554 of 2008 against the judgment and decree passed in RCOP No.2283 of 2007 and RCA No.619 of 2008 against the judgment and decree passed in M.P.No.133 of 2008 in RCOP No.2283 of 2007. Alongwith the RCA No.554 of 2008, the respondent also filed M.P.No.575 of 2008 for interim stay of the order passed by the learned Rent Controller. The learned Appellate Authority, granted interim stay on condition that the respondent deposits a sum of Rs.3,94,400/- on or before 30.10.2008. The respondent complied with the said order and deposited the amount to the credit of RCA No.554 of 2008 and subsequently, the same was in vested in Indian Overseas Bank, Egmore Branch, Chennai.