AYYAMPERUMAL Vs. SHAIK DAWOOD ROWTHER

JUDGEMENT

(1.) THE above revision is directed against the order dated 28.2.1994 made in R.C.A.No.8 of 1990 on the file of the learned Rent control Appellate Authority (Principal Sub Judge), Tiruchirapalli, confirming the order dated 30.11.1989 made in R.C.O.P.No.292 of 1982 on the file of the learned Rent Controller (3rd Additional District Munsif), Thiruchirapalli.

(2.) THE unsuccessful landlord before the authorities below is the revision petitioner in the above revision who filed the above R.C.O.P. seeking eviction of the respondent-tenant under Sec.10(2)(i) of the Tamil Nadu Buildings (Lease and Rent Control) Act, for an alleged wilful default in the payment of rent for 46 months, from 16.8.1978 to 16.6.1982 at the rate of Rs.100 per month.

(3.) THE learned counsel for the revision petitioner, placing reliance on the decision in Shabul Hammed and four others v. Rasool Bivi, 1993 (2) L.W. 583 contends that the order of the authorities under statute made under Sec. 11(4) of the act, determines the liability of the respondent -tenant in paying the rent and thereafter, there cannot be any exception to dilute a wilful conduct of the respondent-tenant for non- payment of the rent, under the pretext of the payment of the same towards property tax.