P.M.MARIAM BEEVI Vs. S.HAMEEDU FATHGIMAL

JUDGEMENT

(1.) The landlord, whose petition for eviction in R.C.O.P.No.30 of 2004 was dismissed by the Rent Controller and the said order was confirmed by the Appellate Authority in R.C.A.No.12 of 2008, has come up with the Civil Revision Petition in C.R.P.No.1494 of 2009. Since the landlord sought for eviction on the ground of wilful default on payment of rent, the tenant filed R.C.O.P.No.55 of 2005 under Section 8(5) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (hereinafter referred to as 'the Act') seeking a direction to deposit the rent into Court claiming that the landlord refused to receive the rent. The said petition for deposit of rent in R.C.O.P.No.55 of 2005 was allowed by the Rent Controller. The said order was affirmed by the Appellate Authority in R.C.A.No.13 of 2008 resulting in, the landlord challenging the same in C.R.P.(MD) No.1493 of 2009.

(2.) In R.C.O.P.No.30 of 2004, the landlord sought for eviction of the tenant on the following four grounds:

(3.) According to the landlord, the tenant occupied the suit property for the purpose of his business on a monthly rent of Rs.450/- on 12.05.1993. The rent was increased to Rs.500/- per month. As per the agreement, the tenant was liable to pay the monthly rent on or before 5th day of every succeeding calender month. It is stated that the tenant was doing typewriting business and also having STD booth. It is further claimed that the tenant has stopped paying monthly rent from the month of August 2003 despite repeated demands. Hence the tenant is accused of committing willful default in payment of rent.