PLANTATION LABOUR ASSOCIATION Vs. HAZIABAI (DECEASED) & ORS.

JUDGEMENT

(1.) The relief sought for in the revision petition is to set aside the fair and decreetal order dated 21.02.2017 made in RCA. No. 5 of 2016 on the file of the Sub Court, Udhagamandalam reversing the fair and decreetal order dated 06.07.2016 passed in RCOP. No. 16 of 2006 on the file of the District Munsif/Rent Controller, Coonoor.

(2.) The revision petitioner/Association is the respondent/tenant in the RCOP. The respondents are the petitioners/Landlords in the RCOP.

(3.) The deceased respondent/Haziabai filed petition in RCOP. No. 16 of 2016 against the petitioner to vacate the petition premises. The deceased respondent let out the property to the petitioner for monthly rent of Rs. 700/-p.m., the petitioner was paying the rent regularly through demand drafts. From January 2006 onwards the petitioner committed wilful default in payment of rents and thereafter the rents was paid once in two or three months. The respondents also accepted the same. There was an arrears of rent from 01.02.2006 to 31.07.2008 amounting to Rs. 18,900/-, the Rent Controller directed to pay the arrears on or before 16.10.2008, as against the said order, the petitioner deposited the arrears amount before the Rent Controller and there was an arrears of Rent from 01.08.2008 to 30.06.2016 amounting to Rs. 66,500/-. The Rent Controller by an order dated 06.07.2016 dismissed the petition for eviction filed by the landlord by stating that there is no willful default on the part of the petitioner/tenant. Aggrieved against the said order, the respondents/landlord filed appeal before Rent Control Appellate Authority/on the file of the Sub Court, Udhagamandalam in RCA. No. 5 of 2016. The Rent Control Appellate Authority after hearing both sides, set aside the order passed by the Rent Controller and directed the petitioner/tenant to vacate the petition premises within thirty days. As against the said order, the revision petitioner/tenant is before this Court.