M S PREMCHAND Vs. K KARUPPAIAH NADAR

JUDGEMENT

(1.) M.S. Premchand, the petitioner herein is the landlord, Karuppiah Nadar, the partner of Sri Jagadeeswara Vilas, the first respondent is the tenant. In the petition filed by the petitioner before the Rent Controller, Madurai, in R.C.O.P.No.166 of 1984, an order was passed against the respondents 1 and 2 evicting them on the ground of wilful default. On being aggrieved, the tenants/the respondents 1 and 2 herein filed an appeal in R.C.A.No.141 of 1990 before the Appellate Authority, Madurai. The said appeal was allowed and the order of eviction was set aside. Hence, this revision by the landlord.

(2.) ACCORDING to the landlord, the petitioner herein, the tenant fell in arrears of rent for 11 months and as he did not make the payment for 11 months? arrears wilfully, he is liable to be evicted under Sec.10(2)(1) of the Act. ACCORDING to the tenant, he has already deposited the entire amount in the court and as such, there is no arrears.

(3.) IT is also an admitted fact that the petitioner filed an application in M.P.No.1119 of 1984 under Sec.11(4) of the Act claiming arrears of Rs.3,600. Though this application was contested by the tenant, ultimately, the Rent Controller ordered for the payment of Rs.3,600 by the order dated 4.9.1986. Only thereafter, the said amount was paid on 7.9.1986.