BASKARAN Vs. SUNDARAMMAL

JUDGEMENT

(1.) The Tenant is the Revision Petitioner before this Court. The revision is directed against the order of eviction passed by the Subordinate Judge-cum-Rent Control Appellate Authority, Pollachi, in R.C.A.No.11 of 2001 in and by which the authority has reversed the order of the District Munsif-cum-Rent Controller, Pollachi, in R.C.O.P.No.22 of 1997. The Tenant had also challenged the order in R.C.A.No.12 of 2001 on the file of the Subordinate Judge-cum-Rent Control Appellate Authority, Pollachi, in and by which the order of the District Munsif-cum-Rent Controller, Pollachi, in R.C.O.P.No 12 of 1997 was reversed. R.C.O.P.No.12 of 1997 was filed by the Tenant under Section 8(5) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, for depositing the rents. The parties are arrayed as Tenant and Landlord respectively. The facts in brief necessary for disposal of the above Civil Revision Petition are as follows:

(2.) The Landlord had instituted proceedings to evict the tenant on the ground that he is in arrears of rent from January 1996. It was the case of the Landlord that the tenant had taken on lease the petition premises on a monthly rental of Rs.2,500/- and the petition premises was used by the tenant for running a provisions store. It was the case of the Landlord that till year 1994 the rent was a sum of Rs.2,250/- and from December 1994 the rent had been enhanced to a sum of Rs.2,500/-. The advance in the hands of the Landlord was a sum of Rs.5,000/-. The Landlord would contend that the rent till year 1995 had been paid and the tenant was in the habit of getting the signature of the Landlord in a small note book every time after he paid the rent, which was the receipt for the rents paid.

(3.) He would contend that after December 1995, the Tenant did not tender the rents. The Landlord time and again requested the Tenant to regularize the account, but, however, the he kept requesting time and when he was contacted in December 1996 he had informed the Landlord that he would clear the arrears by 08.01.1997. However, when the Landlord had visited the Tenant's shop on 08.01.1997 instead of regularizing the arrears the Tenant had threatened the Landlord and therefore the Landlord was constrained to initiate a Police complaint. It was the further case of the Landlord that on 16.02.1997 a legal notice was issued by the Tenant stating that the rents up to December 1996 had been paid and when the Tenant had tendered the rent for the month of January 1997, the Landlord had refused to receive the same demanding an enhanced rent of Rs.2,500/-. To this notice the Landlord had sent a reply dated 26.02.1997 denying the statements made thereon. On 11.03.1997, a rejoinder was issued by the Tenant stating that in the earlier notice dated 16.02.1997 by an oversight the advance was shown as sum of Rs.5,000/- instead of a sum of Rs.50,000/-. In the said notice the Tenant had further requested the Landlord to give his bank details so as to enable the Tenant to deposit the rents into the respondent's bank account. Thereafter the Tenant has also filed an application in R.C.O.P.No.12 of 1997, under Section 8(5) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, herein after called the Act for depositing rents for the month of January 1997 into Court. The Landlord had thereafter filed R.C.O.P.No.22 of 1997 seeking the eviction of the Tenant on the ground of willful default.