CHINNA THEVAR Vs. GNANAPRAKASI AMMAL

JUDGEMENT

(1.) This is a Civil revision petition against an order of the learned Appellate Authority (Prinicpal Subordinate Judge, Madurai), allowing the appeal against the order of the learned Rent Controller-cum-District Munsif, Thirumangalam, who dismissed the petition of the landlord for eviction of the tenant on the ground of wilful default in the payment of rent.

(2.) The tenant who is the revision petitioner herein contended inter alia that he is in possession in pursuance of an agreement of sale in his favour dated 24-111970 executed by the respondents herein and Kannan, the son of the first respondent and the brother of the second respondent and that, in any event, as he did not pay the rent during the period alleged under the impression that he is in possession in pursuance of the agreement of sale in his favour, all the terms of which he has performed his default was not wilful. He also contended that not only the respondents herein, namely, Gnanaprakasam Ammal and Jayapalan but also Kannan are the owners of the building, that he was inducted into possession by all the three and that the petition for eviction by two of them alone is not maintainable.

(3.) The learned Rent Controller found that, even though there was default, it was not wilful default, because the tenant bona fide thought that his possession is traceable to the agreement of sale in his favour and dismissed the petition for eviction. The learned Appellate Authority purporting to rely on a decision of this court in Munuswami Gounder v. Erusa Gounder allowed the appeal, holding that in proceedings under the Tamil Nadu Buildings (Lease and Rent Control) Act (to be referred hereafter as the Act), the tenant cannot rely on the provisions of S. 53-A of the T. P. Act and held the agreement of sale as a shield in defence to the action for eviction under the Act. This view of the learned appellate authority cannot be sustained.