S. VENKATESWARAN Vs. V. PARTHASARATHY NAIDU

JUDGEMENT

(1.) THE petitioners are the tenants in the buildings belonging to the respondent. The tenants are Proprietors /Founders/Executive Trustees of Sri Kumaragurubarar College of Pharmacy and Nursing having their office in the scheduled buildings, which is a residential one. The respondent filed R.C.O.P. No.20 of 2004, on the file of the Rent Controller (Principal District Munsif), Kumbakonam for eviction of these petitioners under four grounds. Pending the enquiry of the said R.C.O.P., the respondent filed I.A. No.146 of 2004 under Section 11 of the Tamil Nadu Buildings Lease and Rent Control Act (in short 'Act') for direction to the tenants to pay or deposit the arrears of rent of Rs.90,750/ - (Rupees Ninety thousand seven hundred and fifty only) within a reasonable time and in default, to strike off the evidence and direct them to put the petitioners in possession forthwith of the property.

(2.) (i) The allegations in the affidavit of the petitions are that in pursuance of a lease agreement dated 8.10.2003, both the parties agreed for the lease of the scheduled building for a monthly rent of Rs.8,250/ - (Rupees Eight thousand two hundred and fifty only) payable on the fifth of next English calendar month and the advance of Rs.75,000/ - was paid by the tenants to the landlord and it was also agreed that on the expiry of ten months period, the tenants shall vacate the building and hand over possession to the landlord and to get back Rs.75,000/ - paid as advance without interest. 2(ii) From January, 2004 to November, 2004 totalling Rs.90,750/ -, the tenants have to pay the arrears of the rent and by not paying the same, they have committed wilful default. The tenants filed O.S. No.153 of 2004, before the Vacation Civil Judge at Thanjavur on 19.5.2004 and obtained an order of ad -interim injunction not to interfere with the possession and evict them except due process of law. 2(iii) In the said plaint, the tenants have averred that upto last three months the rent was paid through cheques and for other three months the rent was paid in cash by them to the landlord and according to the said allegations, the last three months is January, February and March, 2004 only. It is further stated that they, according to their college accounts, upto May 2004, have paid the rent and as the suit was transferred to the District Munisf Court, Kumbakonam from the Vacation Civil Court, Thanjavur, and the same was pending, the landlord refused to receive the rent. Hence, from January, 2004 to November, 2004 the wilful default continues. Hence, the order has to be passed directing them to pay or deposit the arrears of rent of Rs.90,750/ - within a reasonable time and in default to strike -off the defence and direct them to put the landlord in possession.

(3.) IN the counter filed by the tenants, it is mentioned that as per the Rent Control Act, a sum equal to one month rent shall be kept as advance, but the landlord is keeping Rs.75,000/ - as advance, in which Rs.66,750/ - towards eight months rent from June, 2004 has to be adjusted and the remaining Rs.750/ - shall be adjusted towards 2005 February rent and on or before 5.3.2005, the rent for February, 2005 has to be paid, for which course of action, the tenants are prepared. The landlord has to pay 50% of the electricity consumption charges and from June 2004, the landlord has to pay Rs.4,000/ - for eight months at the rate of Rs.500/ - per month. From 15.12.2004, alone the tenants have obtained separate service connection.