S. MURUGAVEL Vs. G. MARKSPRIYAN

JUDGEMENT

(1.) This Civil Revision Petition is filed against judgment and decree made in RCA No.7 of 2013 dated 09/01/2015 on the file of Court of Principal Subordinate Judge (Rent Control Appellate Authority), Mayiladuthurai, in reversing the fair and decretal orders passed in RCOP No.6 of 2009 dated 05/04/2013 on the file of the court of District Munsif (Rent Controller) Sirkali.

(2.) The petitioner is the landlord and the respondent is the tenant in RCOP No.6 of 2009 on the file of Principal Sub Court, Mayiladuthurai. The petitioner filed the above said RCOP against the respondent for eviction on the ground of wilful default, owner's occupation and different user. According to the petitioner, the petition premises was leased out to the respondent on 18.03.2004 by way of lease agreement on a monthly rent of Rs.1,250/- and on receipt of advance amount of Rs.75,000/- from the respondent. As per the lease agreement, the advance amount shall be returned to respondent on the date of vacating the petition premises. The said agreement was entered into for a period of eleven months. As per the lease agreement, the petition premises was leased out to the respondent for running covering jewellery shop and no other business shall be carried out in the said premises. Further, the respondent shall not sub-let or encumber the property by way of usufructuary mortgage. The last lease agreement entered into between the petitioner and the respondent was on 16.11.2007. As on date, the monthly rent payable by the respondent is Rs.1500/-. The tenant was initially paying the rent regularly and he did not pay the rent from July 2009 till the date of filing of RCOP. When the petitioner demanded the rent from the respondent, during October 2009, the respondent did not give any reply.

(3.) The respondent filed additional counter statement on 19.12.2010 denying the averments made in the petition and the petitioner filed reply statement.