DHARMARAJ Vs. RM KANNAN

JUDGEMENT

(1.) This Civil Revision Petition has been filed by the revision petitioner / tenant, challenging the order passed by the Rent Control Appellate Authority (Sub-Judge), Devakottai in R.C.A.No.6 of 2016, dated 03.02.2017, in and by which the order of the learned Rent Controller / Principal District Munsif Cum Judicial Magistrate, Karaikudi in R.C.O.P.No.47 of 2013, dated 09.12.2015, was reversed.

(2.) The respondent / landlord has filed a petition in Rent Control Original Petition No.47 of 2013 under Section 10(2)(i) of Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 for eviction of the revision petitioner / tenant stating among the other things that the petition mentioned property belongs to the private trust of the respondent / landlord and as per the oral rental agreement entered on 21.08.2002, the petitioner / tenant has to pay monthly rent at Rs.150/- and maintenance at Rs.150/-, but the petitioner has willfully failed to pay rent and maintenance amount from 01.11.2009 to 13.09.2013 ie., for 47 months, thereby the arrears accumulated to Rs.14,100/-. Even after legal notice, the revision petitioner / tenant failed to pay the arrears of rent and to vacate the building and hence, the revision petitioner / tenant is to be vacated.

(3.) The revision petitioner / tenant has filed his counter affidavit before the Rent Controller stating that he became tenant on 09.12.2000, gave Rs,20,000/- as advance to the then trustee and agreed to pay the rent of Rs.150/- and maintenance charge of Rs.150/-. The revision petitioner had deposited a sum of Rs.4014/- for getting electricity connection and the same was added with the advance amount. Subsequently, the revision petitioner carried out maintenance work for Rs.15,000/- in the said building, for which the respondent / landlord orally permitted the petitioner / tenant to pay rent only after deducting all the arrears and therefore, there is no willful default on the part of the petitioner / tenant in paying the rent. Further, the rented building belongs to the public trust and therefore, the rent control original petition is not maintainable. Hence, there is no need to vacate the premises.