BOROSIL GLASS WORKS LIMITED Vs. S R MAZDA

JUDGEMENT

(1.) BOROSIL Glass Works Limited at No.161, Second Floor, Anna Salai, Chennai-2. the petitioner herein is the tenant. Challenging the concurrent orders of eviction, the present revision has been filed before this Court.

(2.) THE respondent/landlord filed an application in R.C.O.P.No.2889 of 1989 for eviction under Sec.10(2) (1) for the Tamilnadu Buildings (Lease and Rent Control) Act, 1960, (hereinafter referred to as ?the Act?) on the ground of wilful default.

(3.) AFTER considering the evidence, oral and documentary adduced by both the respondent-landlord and the tenant-petitioner, the Rent Controller concluded that the application under Sec.9(3) of the Act is not maintainable, since there is no dispute with reference to the title. The Rent Controller also further held that there is no proper explanation as to why the amount has not been paid from September, 1988 to August, 1989 to the respondent-landlord and as such, the tenant is liable to be evicted on the ground of wilful default. This is confirmed by the appellate authority as well.