N. RAMASWAMI REDDIAR Vs. S.N. PERIAMUTHU NADAR

JUDGEMENT

(1.) The tenant is the Petitioner in this civil revision petition which arises out of a petition for eviction filed by the Respondent herein on the ground that the Petitioner had wilfully defaulted in the payment of rent. Admittedly, the premises in question belongs to the Respondent and had been leased out to the Appellant for the purpose of running a hotel. According to the landlord, the monthly rent that is payable in respect of the premises leased out to the Petitioner is Rs. 145, whereas, according to the Petitioner, the rent is only Rs. 70. The Respondent claimed hat the Petitioner had not paid the rents for five months that is from Margali to Panguni of Nala year and Chitrai of Pingala year and thereby committed wilful default in the payment of rent and, therefore, he is entitled to an order for eviction.

(2.) The Petitioner resisted the said petition on the ground that the monthly rent was only Rs. 70 and that he had paid the rent till the month of Chitrai of Pingala year and there was no arrears whatever and, therefore, there was no question of default much less wilful default.

(3.) The learned Rent Controller found that the monthly rent was Rs. 145 and that the tenant had not paid it for the period in question and, therefore, he had committed wilful default in the payment of rent and accordingly passed an order for eviction. Aggrieved by that order, the Petitioner herein preferred an appeal in Civil Miscellaneous Appeal No. 14 of 1978. The learned Subordinate Judge agreed with the conclusion of the learned Rent Controller and held that the Petitioner had committed wilful default in the payment of rent and confirmed the order of eviction.