A S MAHABOOB HUSS Vs. JAYARAMAN

JUDGEMENT

(1.) THE petitioner filed a petition under section 10 (2) (1) of the Tamil Nadu Buildings (Lease and Rent Control) Act, in M. R. C. O. P. No. 118 of 1981 on the file of the Rent Controller, Trichy to evict the respondents/tenants on the ground that the respondents have not paid the rent for 37 months from 1. 2. 1978.

(2.) THE non payment of rent is not disputed by the tenants. According to the tenants, they sought to send the rent by money order, which was refused and the tenants paid the property tax to the Municipality with respect to the property in question. In view of the above fact, the tenants case is that the non payment of the rent cannot be construed as wilful. It is also not disputed that the petitioner issued a notice dated 2. 3. 78 to the respondents.

(3.) WITH respect to the payment of property tax, it is well settled that unless the landlord gives permission, the said payment cannot be taken into consideration to test the wilful intention of the tenants for payment of rent. In view of the above, the order of the Appellate Authority cannot be sustained. Hence, it is set aside and the order of the Rent controller is restored. C. R. P. is allowed. No Costs.