NAGARAJAN Vs. KALYANA SUNDARAM

JUDGEMENT

(1.) This Civil Revision Petition has been preferred against the order, dated 07.02.2019, passed in R.C.A.No.1 of 2018, by the learned Subordinate Judge, Aruppukkottai. R.C.A.No.1 of 2018 has been filed against the order, dated 06.02.2018, passed in RCOP.No. 2 of 2016 by the learned Rent Controller / District Munsif Court, Aruppukkottai.

(2.) The said RCOP.No.2 of 2016 was filed by the respondent/landlord stating that as per the lease agreement dated 02.12.2013, the petitioner herein as tenant has to occupy the property for two years on the basis of rent of Rs.5,000/- p.m. to be paid to the respondent/landlord on or before 5th day of every English Calender Month and there was also an advance of Rs.25,000/- and the said advance amount has to be repaid to the petitioner/tenant on the day, when he vacates the petition mentioned premises and after the termination of the lease period, the petitioner/tenant has to hand over the possession to the landlord.

(3.) It is contended by the respondent/landlord that he is also ready to repay the amount of Rs.25,000/- to the petitioner/tenant. The requirement of the said premises by the landlord is for his own occupation. The petitioner/tenant denied the purpose required by the respondent/landlord. The petitioner has also contended that he is making all speedy steps for construction of a house in Aruppukkottai and after completion of the said house, he will vacate the petition mentioned premises. The petitioner/tenant further in the counter affidavit stated that he has spent amount for bore-Well to the tune of Rs.40,000/-; for maintaining house and for painting charges Rs.35,000/-; he spent a sum of Rs.45,000/- with regard to wiring work for Air Conditioner and another sum of Rs.15,000/- for cupboard work in the said house. Hence, he incurred huge expenses for the above said house to the tune of Rs.1,25,000/-.