M S MURUGAN Vs. TMT SANTHAKUMARI

JUDGEMENT

(1.) MURUGAN, the tenant is the petitioner herein. Shanthakumari and four others, the respondents, herein are the landlords. They filed a petition in R.C.O.P.No.762 of 1991 for eviction against the tenant on the ground of wilful default in payment of rent from 1.1.1990 to 30.11.1991 at the rate of Rs.900 per month under Sec.10(2)(i) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (hereinafter referred to as ?the Act?).

(2.) DURING the pendency of the eviction petition, the landlords filed a petition under Sec.11(4) of the Act in I.A.No.934 of 1991. This was contested by the tenant, the petitioner herein, raising a dispute over the rate of rent. According to him, the monthly rent was only Rs.600. In this petition enquiry was conducted. On behalf of the landlords Exs.A-1 to A-5 were marked. No documents were marked on behalf of the tenant either to show that there is no arrears or the monthly rent is only Rs.600.

(3.) THE tenant filed a counter-affidavit stating that the orders of the Rent Controller for the deposit of arrears were subsequently complied with during the pendency of the appeals before the Appellate Authority, in pursuance of the conditional order of stay and as such, the appeals are maintainable.