M BALU Vs. K JAWAHAR

JUDGEMENT

(1.) TENANT in R.C.O.P.No.41 of 1988 on the file of Rent Controller, Tirunelveli is the revision petitioner.

(2.) LANDLORD filed application for eviction of tenant on the ground of wilful default, for different user, tenant has committed active waste in the property and also causing nuisance to neighbours and also ceased to occupy the building for more than six months without any reasonable cause. Rent Controller after taking evidence held that tenant is liable to be evicted only on the ground of wilful default and making use of the building for other use other than for which the building is let out. All the other grounds are found against. The same has become final.

(3.) RENT controller on the above pleadings took oral and documentary evidence. Exs.A-1 to A-5 were marked on the side of landlord, who got examined himself as P.W.1 on the side of tenant Exs.B-1 to B-22 were marked and he got himself examined as D.W.1. RENT Controller held that the contention of tenant that landlord has removed rent receipts and therefore he is not in a position to prove the discharge of rent arrears, is not true. He has not paid rent from January, 1987 and for 14 months he is in arrears. RENT Controller also took note of the fact that only after filing application under Sec.11(4) of the Act, tenant thought of depositing rent in the court. Landlord filed three applications and only when orders are passed. tenant was in the habit of depositing rent in the court. Taking into consideration the conduct of tenant, RENT Controller found that he is wilful defaulter and liable to be evicted.