SOUTH INDIA VANIAR EDUCATIONAL TRUST Vs. BROAD LANDS

JUDGEMENT

(1.) Aggrieved over the findings of the Rent Control Appellate Authority confirming the order of the Rent Controller who dismissed the petition filed for evicting the respondents from the petition premises for wilful default the present Civil Revision Petition is filed.

(2.) The brief facts leading to file this Revision Petition is as follows:

(3.) It is the contention of the respondent in their counter that in RCOP No.5031 of 1982 fair rent was fixed at Rs. 9,026.00. The said order was challenged in RCA No.465 of 1985 and the appellate authority after hearing the case re-fixed the fair rent at Rs. 9,090.00. The order of the appellate authority is not a final order. The respondent filed CRP No.2440 and 2441 of 1993. During the pendency of CRP the order fixing the fair rent has not become final, the petitioner filed C.S.No.106 of 1995 for recovery of Rs. 10,62,144.00 being the difference in rent even before the final adjudication. Pursuant to the order passed in C.S.No.106 of 1995 the respondent has been regularly depositing a sum of Rs. 9,090.00 per month from 1/1/1996 to the credit of R.CO.P.No.5031 of 1982. The said payments were made before the final re-fixation of the fair rent. It is the contention of the respondent that in the order dtd. 9/1/1998 in C.R.P.Nos.794, 2440 and 2441 of 1993 there was no finding with regard to the quantum of fair rent payable. Therefore, the petitioner filed CMP No.3250 to 3252 of 1999 in CRP.Nos.794,2440 and 2441 of 1993. Thereafter, the fair rent was fixed at Rs. 14,027.00. The said order having been passed as late as 19/4/1999, the petitioner is not entitled to claim the sum of Rs. l4,027.00 any date earlier to 19/4/1999 and till the date of disposal of the Civil Revision Petition. Hence, there is no willful default in the payment of rent at the rate of Rs. 14,027.00 from 1/5/1998 onwards. Since the above amount was determined by the High Court only on 19/4/1999 modifying the earlier order dtd. 9/1/1998. Till the final adjudication of the fair rent by the High Court, the petitioner was entitled to receive a sum of Rs. 9,090.00 being the fair rent by the Appellate Authority which was regularly deposited.