TAJUNNISA Vs. K S RAMAMOORTHI

JUDGEMENT

(1.) THE petitioner is the tenant under the respondent. THE respondent filed R.C.O.P.No.319 of 1986 on the file of the Rent Controller, Trichy to evict the petitioner herein on the ground of wilful default and requirement of the building for his own occupation. THE case of the respondent is that the monthly rent is Rs.275 and the petitioner did not pay the rent for the period from 1.1.1986 to 31.10.1986 and hence the petitioner is liable to be evicted on the ground of wilful default.

(2.) LEARNED counsel for the petitioner contended that the monthly rent is only Rs. 175 and the claim of the landlord is much higher than the agreed rent, which the petitioner is not liable to pay. On a careful consideration of the materials available on record the Rent Controller by his order dated 30.9.1994 has allowed the R.C.O.P. and ordered eviction, finding that the agreed rent is Rs.275 per month and the petitioner has failed to pay the rent from 1.1.1986 to 31.10.1986 and as such he has committed wilful default. So far as the other ground for eviction, that is the requirement of the building for owner's occupation is concerned, the Rent Controller has rejected the claim of the landlord, finding that there is no bona fide on the part of the landlord in requiring the building for his own occupation.