A RAJA Vs. INGNASI

JUDGEMENT

(1.) THE unsuccessful tenant has preferred the revision aggrieved against the order of eviction passed by the Rent Control Appellate Authority Madurai inR.C.A. No. 127of 1992.

(2.) THE respondent/landlord filed a petition for eviction against the tenant on the ground of wilful default in payment of rent and also for own use and occupation. THE tenant was in arrears from September, 1982. When the landlord intended to sell the building in question, the tenant never allowed him to do so and the demised property is required for his own use and occupation as he has no other building. THE tenant, however, resisted the application for eviction and contended that he has paid the rent regularly upto May, 1984 and he had also entered into an agreement of sale with the landlord on June, 1984. Ever since June, 1984. there is no jural relationship of landlord and tenant and, as such, the present application is not maintainable under law. THE request of own use and occupation is also not true. THEre is absolutely no arrears of rent on and from June, 1984 since he is occupying the property in part performance of the agreement of sale. THE landlord agreed to convey the property for a sum of Rs. 57, 500 and he paid a sum of Rs. 10, 000 even on the date of agreement and subsequently another sum of Rs.20, 000 was also paid on 19.3.86 and endorsement under Ex.B.3 was also taken.

(3.) POINTS: It is admitted that the revision petitioner is a tenant of the premises in question, even prior to the purchase by the landlord. The present landlord purchased the property from the erstwhile owner on 22.5.82 and according to the landlord, the tenant is in arrears from September, 1982 and the premises is also required for his own use and occupation. Although the Rent Controller allowed the application on both the grounds, the Appellate Authority ordered eviction only on the ground of wilful default in payment of rent and set aside in respect of the other ground viz., own use and occupation. Under the circumstances, for the purpose of this revision, it is just and necessary to go into the question whether the tenant/revision petitioner has committed default in payment of rent and whether the default is wilful in order to pass an order of eviction.