B RAJMOHAN Vs. R NOORJHAN

JUDGEMENT

(1.) THE revision petitioners/respondents/tenants have filed this present civil revision petition as against the order dated 12.2.2008 in R.C.A.No.29 of 2006 passed by the learned Appellate Authority viz., Principal Subordinate Judge, Chengalpattu in allowing the appeal filed by the respondent/petitioner/landlady.

(2.) THE first appellate authority viz., Principal Subordinate Judge, Chengalpattu,while allowing R.C.A.No.29 of 2006 has inter alia observed that 'It is true in the main R.C.O.P the proceeding reached final stage, only because the eviction proceedings reached final stage, there is no bar to entertain Sec.11(4) petitions and that the tenant has no right to contest the eviction proceeding without paying the monthly rent and he also liable to pay the monthly rent regularly and here the respondents have not paid the monthly rents from July 2000 on wards, so they cannot be permitted to contest the case without paying the rents due' and has directed the revision petitioners/tenants to deposit the monthly rent at the rate of Rs.1400/- from July 2000 to January 2006 for 67 months totalling a sum of Rs.93,800/- and has allowed the appeal.

(3.) THE learned counsel for the revision petitioners/tenants cites the decision reported in K. Narasimha Rao -v- T.M.Nasimuddin Ahmed(1996)2 L.W.159) wherein the Honourable Supreme Court has inter alia held that 'THEre is an enforceable right in tenant to recover excess amount from landlord or to have it adjusted for his benefit in case landlord fails to discharge his obligation of refunding that amount and that the plea of wilful default has been negatived.