K A JAGANATHAN Vs. S SHANJU

JUDGEMENT

(1.) This petition has been filed under Section 25 of the Tamil Nadu Buildings (Lease & Rent control) Act 1960 as amended Act 23 of 1973 and Act 1 of 1980 against the fair and final order passed in R.CA. No. 12 of 2005, dated 18.6.2008, on the file of the Rent Control Appellate Authority (1st Additional Sub-Court), Erode in confirming the fair and final order in R.CO.P. No. 6 of 2002, dated 8.11.2004, on the file of the Rent controller (1st Additional District Munsif Court) Erode.

(2.) In the petition for eviction fi led by the respondents under Section 10(2)(i) of the Tamil Nadu Building (Lease and Rent Controi) Act 1960, the following are stated: 2(i) On 30.5.1996, under a registered Lease Deed, the respondent took the scheduled premises on lease for the period from 30.5.1996 to 29.5.2001. He paid an advance amount of Rs. 10,000/- on the same day. The rent was agreed to at the rate of Rs. 2,000/- per month payable on or before 7th day of every succeeding English month. The petitioners are issuing receipts for the payment of rent. The respondent agreed to vacate and surrender vacant possession on the expiry of five years, i.e. on 29.5.2001. The respondent also agreed in writing to receive the advance amount of Rs. 10,000/- without any interest after surrendering the vacant possession to the petitioners. 2(H) It is also mentioned in the Lease Deed that if the respondent failed to vacate the premises, the petitioners are at liberty to file a petition for eviction. He paid the rent for the month of May 2001 on 2.6.2001 and obtained receipt from the petitioners. Afterwards, he did not pay the rent from the month of June 2001 till this date. He is in arrears of 12 months rent. In spite of demands, he did not pay the arrears of rent. It is wilful default. Hence, he is liable to be evicted on this ground.

(3.) In the counter filed by the tenant / respondent, the following are averred: