E VISWANATHAN Vs. V T JESUDAS

JUDGEMENT

(1.) THE Judgment in RCA.No,961 of 2006 on the file of the Court of VIII Judge, Court of Small Causes, Chennai which had arisen out of an order of eviction in R.C.O.P.No.1886 of 2005 on the file of XIII Judge, Court of Small Causes, Chennai is under challenge in this revision.

(2.) R.C.O.P.No.1886 of 2005 was filed by the landlord under Section 10(2)(1) of Tamil Nadu Buildings(Lease and Rent Control) Act (hereinafter referred to as "Act"). According to the petitioner in R.C.O.P./landlord, the tenant had committed wilful default in payment of rent from March 2003 to July 2005 and that the agreed monthly rent for the petition schedule premises was Rs.7500/-(Rs.4000/- towards rent and Rs.3500/- towards maintenance per mensum). The tenant in his counter would contend that he had paid an advance amount of Rs.75,000/- at the time of inception of tenancy and that the monthly rent was not Rs.7500/- as alleged by the landlord/petitioner in RCOP and that he has not committed wilful default in payment of rent from March 2003 to July 2005 as alleged by the landlord.

(3.) THE learned counsel appearing for the revision petitioner would contend that the said Kamali was not arrayed as a party in the rent control original proceedings. But the fact remains that the tenant E.Viswanathan has accepted both V.T.Jesudas and Mrs.Kamali as landlords for the petition schedule premises and executed Ex P2 agreement of lease in favour of V.T.Jesudas and agreement for amenities in favour of Kamali, wife of V.T. Jesudas. Under such circumstances, the contention of the learned counsel appearing for the revision petitioner that the rent for the petition schedule premises is only Rs.4000/- as per the agreement of lease holds no water. Further Ex P4 letter written by the tenant to the landlord also glares at the revision petitioner. Ex P4 also contains two letters one dated 23.8.2002 and another dated 20.9.2002(wrongly mentioned in Ex P4 as 9/20/2002). In the letter dated 23.8.2002, the tenant had stated that the rent for the month of March to August 2002 is due and he undertook to pay the same under single payment. THE letter dated 23.8.2002 was followed by the letter dated 20.9.2002 which was marked as Ex P4 under which two cheques were tendered by the tenant to the landlord. One cheque is for Rs.7500/-(Madras Central Cooperative Bank Ltd, Velacherry Branch, Chennai-42 for Rs.7,500/- Cheque No,205019 dated 5.10.2002) and another cheque is for Rs.37,500/-(Canara Bank, T.Nagar Branch, Chennai-17 for Rs.37,500/- Cheque No,830502 dated 5.10.2002).