MANI Vs. S RAJAN

JUDGEMENT

(1.) The above Civil Revision Petition is filed by the landlady challenging the Judgment and Decree dated 20.09.2007 in R.C.A.No.96 of 2005 passed by the learned I Additional Subordinate Judge -cum- Rent Controller / Appellate Authority, Coimbatore reversing the order dated 29.06.2005 in R.C.O.P.No.103 of 2004 on the file of the learned Principal District Munsif -cum- Rent Controller, Coimbatore.

(2.) The petitioner herein had filed the above referred Rent Control Petition seeking eviction of the respondents on the ground of wilful default and owner's occupation. The demised premises is a 10x10 room with three portions in Door No.165, Kandasamy Gounder Lay Out, Sivananda Colony, Coimbatore -641 01 The petitioner's case is that the respondent herein who is none other than the brother-in-law of the petitioner's son was inducted as a tenant in the year 1990 on a monthly rent of Rs. 700/- and the tenancy was oral. There was no advance for the tenancy. It is her case that the respondent was not very diligent in paying the rents and paid the same in a lump sum and being a relative, the same was accepted by her. She would further state that since she wanted the petition premises for the occupation of her son's family, she had in the month of September 2003 requested the respondent to vacate the premises to which the respondent had agreed, but however, requesting two months time to vacate the same. The petitioner would state that after his assurance, the respondent not only stopped paying the rents but also refused to vacate and hand over the vacant possession of the property constraining her to issue a legal notice on 07.04.2004, for which, the respondent had sent a reply on 104.2004 contending that he had been put in possession of the property pursuant to the bogyam arrangement between him and the petitioner and her son towards which a sum of Rs. 77,000/- was paid by the respondent to the petitioner and her son. A rejoinder was sent by the petitioner followed by the petition for eviction. The arrears of rent quoted was a sum of Rs. 8,600/- from October 2003 to the date of filing of the petition, which is June 2004.

(3.) This petition was resisted inter alia by the respondent/ tenant denying the landlord - tenant relationship and contending that he was put in possession of the property pursuant to the bogyam arrangement under which a sum of Rs. 77,000/- was paid to the petitioner and her son.