V S S VELAYUDAM Vs. K PALANICHAMY

JUDGEMENT

(1.) The unsuccessful tenant in R.C.O.P. 14 of 1983 on the file of the Rent Controller (District Munsif) Palani and in the appeal in C.M.A. 15 of 1984 on the file of the appellate authority (Subordinate Judge), Dindigul, is the petitioner in this revision petition. The respondent is the landlord.

(2.) The respondent-landlord filed the petition in R.C.O.P.No.4 of 1983 for the eviction of the petitioner, on the ground of wilful default in payment of rent and on the ground that he requires the building for his own personal occupation. He contended that the petitioner is a tenani from 21.11.1974 paying a rent at the rate of Rs.75 per month and the tenant paid an advance of Rs.5,000. The tenant was not regularly paying the rent, and therefore issued notice on 24.12.1980 through his advocate demanding the arrears of rent and to vacate the premises. Thereafter, the tenant paid a sum of Rs.600 through his advocate on 11.1.1981. He did not pay the subsequent rent, he paid a sum of Rs.1,650 towards rent through his advocate to the landlord on various dates, even after adjusting the said amounts, there was arrears for the period of three months till the end of January, 1983. Therefore, according to the landlord the tenant has committed wilful default in paying the rent.

(3.) The tenant resisted the application contending that he was a tenant ever since 1970 and he has paid a sum of Rs.5,000 as advance. According to him, he has been regularly paying the rent from 1974 and that he has not committed any wilful default in payment of rent. It is his case, that the petitioner received a sum of Rs.350 on 15.4.1981 and Rs.300 on 25.4.1981 towards the rent. The same has been entered in his account books. Taking into consideration of such payment, he claims that he has paid the rent in excess of the actual rent payable by him. It is further contended since the landlord demanded enhanced rent of Rs.200 per month and further advance of Rs.5,000 and he has refused to pay the same, the landlord has come forward with this revision petition.