M. DURAISWAMI ACHARI Vs. PAVUNAMMAL

JUDGEMENT

(1.) This revision petition has been filed against the judgment of the learned Subordinate Judge of Vellore, dated 31st January, 1976 in C.M.A. No. 28 of 1975. The tenant was the appellant before him. The tenant had filed R.C.O.P. No. 6 of 1974 for depositing 14 months' rent in Court and also to deposit future monthly rents in accordance with the provisions of Sec. 8 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. The landlady filed R.C.O.P. No. 11 of 1974 for eviction on the ground of wilful default. It is this eviction petition which came up for consideration before the Rent Controller and by his order dated 22nd March, 1975, the Rent Controller held that the tenant had committed wilful default in the payment of rent, and therefore ordered eviction of the tenant from the premises. It is against this order that C.M.A. No 28 of 1975 was filed. The Rent Controller had also dismissed R.C.O.P. No. 6 of 1974 seeking to deposit the arrears of rent and also the future monthly rents. No further proceeding appears to have been taken against the order in R.C.O.P. No. 6 of 1974.

(2.) In C.M.A. No. 28 of 1975 the learned Subordinate Judge went into two questions, namely (1) whether the tenant had committed wilful default in the payment of rent, and, (2) whether there was a proper notice to quit. He held that there was a proper notice to quit and that the tenant had committed default. He, therefore, confirmed the order of the Rent Controller. It is this order of the learned Subordinate Judge that is now challenged in the present revision petition by the tenant.

(3.) The learned Counsel for the petitioner contended that there was no wilful default, in the payment of rent and that the Court below was wrong in proceeding as if there was such a default.