E PALANISAMY DIED Vs. PALANISAMY DEAD

JUDGEMENT

(1.) BOTH these revision petitions are filed by the tenant.

(2.) C.R.P.No.1827 of 1997 arises from R.C.O.P.No.3 of 1994, which is an application for eviction filed by the landlord. The landlord filed an application for the eviction on the ground that the tenant has committed wilful default in paying the rent and also that the building is required for his own occupation. The material averments are that the landlord purchased the scheduled premises from M/s.Ilankumaran Financiers for valid consideration. The petitioner herein was a tenant of the building from the financier and agreed to pay Rs.400 per month as rent. After his purchase, the fact was informed to the petitioner and from May, 1990, by mutual consent, the rent was enhanced to Rs.500. It is further stated that the rent upto October, 1990 was paid and from December, 1990, he is in arrears. The petitioner also filed O.S.No.604 of 1993 on the file of the District Munsif, Namakkal to restrain the landlord from interfering with his possession and from forcibly evicting him. On 1.11.1993, the landlord issued a notice informing the tenant about the default, for that the tenant sent a reply on 20.11.1993 refusing to vacate the premises. He also denied of having committed default in payment of rent.

(3.) C.R.P.No.1828 of 1996 is filed by the same tenant, which arose from R.C.O.P.No.6 of 1994. That is an application filed by the tenant under Sec.8(5) of the Tamil Nadu Buildings (Lease and Rent Control) Act seeking permission to deposit the amount in court. The Rent Controller held that sufficient cause has been made out for depositing the amount in court and the application was allowed. The appellate authority, on appeal by the landlord, reversed that finding holding that the pre-conditions for making an application under Sec.8(5) of the said Act had not been complied with and consequently, the application itself is not maintainable R.C.A.No.3 of 1995 filed by the landlord is allowed, which is challenged in this revision.