LAWS(MAD)-2018-3-1278

P. LAKHMI Vs. K. HARI

Decided On March 27, 2018
P. Lakhmi Appellant
V/S
K. Hari Respondents

JUDGEMENT

(1.) The Civil Revision Petition is filed to set aside the Judgment and decree passed in R.C.A.No.708 of 2014 on the file of IX Judge, Small Causes Court, Chennai (Appellate Authority) dated 06.06.2016, confirming the fair and decreetal order dated 31.10.2014 passed in M.P.No.403 of 2014 in R.C.O.P.No.837 of 2014 on the file of the XII Judge, Small Causes Court, Chennai (Rent Controller).

(2.) According to the revision petitioner, the respondent has filed R.C.O.P.No.837 of 2014 for eviction against the revision petitioner on the ground of willful default. In the aforesaid R.C.O.P, the respondent filed M.P.No.403 of 2014 under Section 11 (3) of the Tamil Nadu Buildings (Lease and Rental Control) Act for a direction to the petitioner/tenant to pay the outstanding rental arrears of sum of Rs. 87,000/- for the period of December of 2013 to July 2014. The learned Trial Judge passed an order directing the revision petitioner to pay a sum of Rs. 15,000/- (Rupees Fifteen thousand only) to the respondent from December 2013 to till date, on or before 14.11.2014 and also directed him to pay the subsequent monthly rents within 5th day of English Calendar month. The revision petitioner has filed an appeal in R.C.A.No.708 of 2014, against the fair and decreetal order passed by the Trial Court in M.P.No.403 of 2014 in R.C.O.P.No.837 of 2014 on the file of the XII Small Causes Court, Chennai. The Appellate Court, also by the judgment and decree dated 06.06.2016 made in R.C.A.No.708 of 2014, confirmed the order passed by the learned Rent Controller in R.C.O.P.No.837 of 2014. Challenging the judgment and decree made in R.C.A.No.708 of 2014, the present Civil Revision Petition is filed by the Revision Petitioner.

(3.) The learned counsel appearing for the petitioner would submit that to show the bonafide of the Revision Petitioner, he has deposited the aforesaid arrears amount as directed by the learned Rent Control Authority.