MANIS INSTITUTE OF COMMERCE Vs. P SRIKANTH

JUDGEMENT

(1.) The above Civil Revision Petition is filed challenging the order passed by the VII Small Causes, Judge (Appellate Authority) Madras, confirming the order of the XV Small Causes Judge, (Rent Controller) Madras in R.C.O.P.No.1316 of 1996 in and by which the authorities below have ordered the eviction of the revision petitioner from the petition premises on the ground of wilful default.

(2.) A brief resume of the facts preceeding the filing of this Civil Revision Petition is as follows:-

(3.) The revision petitioner has filed a counter in which he had submitted that the petition premises originally belonged to one L.A.Parthasarathy, the father of the respondent and he was tendering rents to the said L.A.Parthasarathy. After his death, the owner of the property was the Estate of L.A.Parthasarathy and not the respondent herein. The revision petitioner would further submit that he was in habit for issuing the cheque in favour of the Estate of L.A.Parthasarathy and in August-1995 when the cheque was tendered, the respondent refused to receive the same and demanded a higher rent of Rs.1,200/- and also directed the revision petitioner to pay the rents in his name, which was refused by the revision petitioner. The revision petitioner submits that he had tendered two cheques for Rs.7,000/- and Rs.700/- on the first hearing date i.e.,26.07.1996 but since there was no sitting, the case was adjourned on 14.08.1996. Once again the respondent had brought the cheques but neither the counsel nor the respondent were present and therefore the cheques could be handed over to the respondent counsel only on the next hearing date i.e., 10.09.1996. Therefore, on 10.09.1996 the revision petitioner had cleared the entire arrears. He would submit that he was not in arrears of rents in respect of the petition premises. During cross examination, the revision petitioner would admit that he has not issued any notice to the landlord after the cheques issued by him were refused by the respondent herein. He would also admit that only on 10.09.1996 he had handed over the two cheques for a sum of Rs.7,000/- and Rs.700/- to the counsel appearing for the respondent herein.