DURGAI AMMAL Vs. R.T. MANI

JUDGEMENT

(1.) Both these revision petitions have been preferred by the tenant of door No. 1/1, New No. 5, Thiru, Vi. Ka. Road, Madras. Respondent. landlord filed H.R.C. 3006 of 1978 under Sec. 10(2)(i) and (vii) of Act 18 of 1960 to evict the tenant on the two grounds, that she had committed wilful default in payment of monthly rent of Rs. 350 for the period from 1.5.1978 to 30.9.1978 amounting to Rs. 2,100 and that she had denied the title of landlord and such denial was not bona fide.

(2.) This was refuted by the tenant by stating that the rent payable was only Rs. 15 per month and that she had been paying the rent to one Radhakrishnan, and later to his legal heir and that she had never denied title as claimed, nor accepted it, but she has been kept in the dark about the claims now made and that she has deposited a sum of Rs. 120 in court towards rent for 8 months from May 1978 to Dec. 1978 without prejudice to her rights, etc.

(3.) The Rent Controller held that available evidence does not prove the relationship of landlord and tenant, and there was no proof that the monthly rent was Rs. 350, and when tenant had asked for copy of the will to be produced and other necessary documents to know about the nature of the claim made by the landlord ; that was not because of denial of title without any bona fides and hence, dismissed the petition. Landlord preferred H.R.A. 559 of 1980 to the appellate authority, who held that the tenant had committed wilful default in payment of rent and had also wilfully denied title without any bona fides and therefore ordered eviction. As against the said decision, C.R.P. 986 of 1981 was preferred to this Court by upholding the title of landlord and that there existed a relationship of landlord and tenant as between the parties remanded the matter to the appellate authority, so as to enable the parties to let in necessary evidence for finding out the quantum of rent payable and whether wilful default in payment of rent and wilful denial of title had occasioned, as claimed or not. The appellate authority was directed to keep the appeal on its file and make further enquiry by itself or through the rent controller and thereafter decide the appeal. Appellate authority by order dated 20.9.1982, held that the monthly rent is only Rs. 15 and that tenant had committed wilful default in payment of rent and there had been a wilful denial of title and hence ordered eviction. C.R.P. 4572 of 1982 is preferred as against this order.