MRS. JAYALAKSHMI Vs. MR. MURUGAN

JUDGEMENT

(1.) CRP (NPD) No.3433 of 2015 is filed against the decreetal order and fair order dated 26.02.2015 passed in RCA No.18 of 2014 on the file of the Rent Control Appellate Authority/Principal Subordinate Court at Salem confirming the decreetal order and fair order dated 18.08.2014 passed in I.A. No. 20 of 2014 in RCOP No.61 of 2013 on the file of the Rent Controller/Principal District Munsif Court, Salem. CRP (NPD) No.3434 of 2015 is filed against the decreetal order and fair order dated 26.02.2015 passed in RCA No.1 of 2015 on the file of the Rent Control Appellate Authority/Principal Subordinate Court at Salem reversing the decreetal order and fair order dated 28.10.2014 passed in RCOP No.61 of 2013 on the file of the Rent Controller/Principal District Munsif Court, Salem.

(2.) In both the Civil Revision Petitions, the petitioner is the landlady and the respondents are the tenants in RCOP No.61 of 2013 on the file of Principal District Munsif Court, Salem. The issues involved in both the Civil Revision Petitions are one and the same and hence, this Common order is being passed.

(3.) The petitioner filed the above said RCOP against the respondents for eviction on various grounds including the ground of wilful default. The petitioner filed I.A. No. 20 of 2014 under Section 11(1) (3) and (4) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 for a direction to the respondents to pay or deposit the rent amounting to a sum of Rs. 77,000/-, being the arrears of rent @ Rs. 3,500/- per month from May 2012 to February 2014, before the date fixed by the Court and in default, directing the respondents to vacate and deliver the vacant possession to the petitioner. The respondents filed counter and denied the contention of the petitioner that he paid rent only upto April 2012 and stated that the rent payable is not Rs. 3,500/- and it is only Rs. 2,000/- per month. The respondent paid rent upto November 2012 @ Rs. 2,000/- per month. The petitioner refused to receive the monthly rent for the month of December 2012 and demanded enhancement of rent. The respondents sent rent @ Rs. 2,000/- per month by demand draft on 03.01.2013 however the petitioner refused to receive the same and demanded the enhanced rent of Rs. 3,500/- per month and respondents agreed for the same. Inspite of the same, the petitioner did not receive the rent sent by the respondents and they are willing to pay the enhanced rent.