SUBRAMANIAN Vs. SAMSULHUDA

JUDGEMENT

(1.) The instant revision has been filed under Section 25 of the Tamil Nadu Lease and Rent Control Act challenging the order of the Rent Control Appellate Authority (Principal Sub Court) Mayiladuthurai dated 26.02.2014 made in R.C.A.No.5 of 2013 confirming the order of the Rent Controller (Principal District Munsif) Mayiladuthurai dated 11.02.2013 made in RCOP No.10 of 2010. The brief facts leading to the filing of the instant revision:-

(2.) The petitioner is a tenant under the respondent in respect of shop No.7, ground floor, Kamaal Mansion Building, Old No.140, New No.85, Ward No.3, Block No.3, T.S.No.63/1, Pattamangala Street. According to the respondent, who is the landlord, the petitioner is a willful defaulter in payment of rent to him. Hence, the respondent filed RCOP.No.10 of 2010 under Section 10(2)(1) of the Tamil Nadu Buildings Lease and Rent Control Act for eviction on the ground of willful default.

(3.) The Rent Controller by his order dated 11.02.2013 in RCOP.No.10 of 2010 allowed the RCOP and granted two months time for the petitioner to hand over possession of the petition mentioned property to the respondent. In the said order, the Rent Controller, after recording the admission made by the petitioner that he did not pay the rent to the respondent from January, 2009 to July, 2010 totalling a sum of Rs.25,200/-, has given a clear finding that the petitioner is a willful defaulter in payment of rent to the respondent.