P. THANGARAJ Vs. S. NARAYANI

JUDGEMENT

(1.) -The petitioner is a tenant. The two revisions have been filed challenging the orders passed in R.C.O.P Nos.44 and 42 of 2004 on the file of the Rent Controller I Additional District Munsif Court, Nagercoil which have been confirmed in R.C.A. Nos.18 and 8 of 2007.

(2.) THE petitioner herein is the tenant of the respondent. The building in possession has been let out for commercial purpose as a shop. The respondent herein filed eviction proceedings in R.C.O.P No.44 of 2004 on the ground that the petitioner has committed wilful default and also on the ground of ownership occupation. It is the case of the respondent/landlord that the building is required for the establishment of computer centre to her daughter. According to the respondent that the building is suitable for the said purpose and therefore, eviction order should be passed.

(3.) R .C.O.P No.42 of 2004 has been filed by the petitioner herein under Section 8(5) of the Tamil Nadu Buildings Lease and Rent Control Act, seeking permission to deposit the rent on the refusal of the landlord to receive the same. It is the case of the petitioner herein that there is already another portion which is available and the wilful default would not arise since immediately after the issuance of the notice by the respondent/landlord the amount has been deposited before the Court.