TAMIL NADU MOTORS Vs. N LAKSHMI

JUDGEMENT

(1.) TAMIL Nadu Motors, represented by Gowtham, the petitioner herein is the tenant. Aggrieved over the order of the Appellate Authority ordering eviction of the petitioner by reversing the order of the Rent Controller dismissing the petition for eviction filed by Lakshmi, the landlady, the respondent herein, the present civil revision petition has been filed before this Court.

(2.) THE landlady, the respondent herein filed a petition under Secs.10(2)(i) and 10(2)(vi) of the Tamil Nadu Buildings (Lease and Rent Control) Act for evicting the tenant from the petition premises on the grounds of wilful default and of keeping the petition premises under lock and key. THE Rent Controller on consideration of the evidence oral and documentary adduced by both the parties, rejected those grounds holding that there is no wilful default and the premises was not kept locked. Aggrieved by the same, the landlady filed an appeal before the Appellate Authority. After hearing the parties, the Appellate Authority though did not disturb the finding of the Rent Controller with reference to the ground of keeping the petition premises under lock and key, held that the tenant is liable to be evicted on the ground of wilful default and allowed the appeal. Hence, this revision.

(3.) IT is also settled law that it is the duty of the tenant to pay the rent regularly every month as enjoined in the statute without expecting any demand from the landlady in that regard. If he finds that the landlady is evading the payment of rent, procedure has been prescribed under Sec.8 of the Act to issue notice to the landlady to name the bank and if she does not name the Bank, the tenant has to file an application before the Rent Controller for permission to deposit the rent. The omission to avail of the procedure under Sec.8 would certainly entitle the landlady to seek eviction for wilful default.