K RAJAN Vs. K JAGADHEESWARI

JUDGEMENT

(1.) Heard the learned Counsel appearing for the revision petitioner and also the learned Counsel appearing for the respondent.

(2.) This revision has been directed against the Judgment in R.C.A. No. 1183 of 2006 on the file of VII Judge, Court of Small Causes, Chennai which had arisen out of an order of eviction in R.C.O.P. No. 431 of 2006 on the file of XI Judge, Court of Small Causes, Chennai, an application filed under Section 10(2) of the Tamil Nadu Buildings (Lease and Rent Control) Act 1860 (hereinafter referred to "Act").

(3.) According to the respondent/landlord, the tenant/revision petitioner herein was inducted into the tenancy for a monthly rent of Rs. 1200/- for the petition schedule premises in the year 1984 and that the tenant had committed wilful default in payment of rent for a period of 42 months starting from 1.8.2002 till 1.1.2006 amounting to Rs. 50,400/-. The defence put forth by the tenant in his counter is that he had put up the superstructurue in the first floor by spending Rs. 2,00,000/- and that he had not committed any wilful default in payment of rent. Before the learned Rent Controller, the petitioner/tenant has examined himself as P.W.1 and exhibited Exs P1 to P3 and on the side of the respondent/landlord, the respondent had examined herself as R.W.1 and Exs R1 and R2 were marked. After going through the evidence both oral and documentary, the learned Rent Controller has come to a conclusion that the tenant had committed wilful default in payment of rent and, there was absolutely no evidence on the side of the tenant to prove that he had put up the first floor by spending Rs. 2,00,000/-, had allowed the R.C.O.P. giving two months time for the tenant to vacate and hand over the vacant possession of the petition schedule premises to the landlord.