MOHD ABDUL WAHEEB Vs. NETHAKARI PADMA

JUDGEMENT

(1.) THIS batch of revision was listed on 22. 10. 20q8, 23. 10. 2008 and again today. On all the three days the learned Counsel for the petitioner was present, but there was no representation on behalf of the respondent. I have heard the learned Counsel for the petitioner on 22. 10. 2008 itself and the matters are appearing in the list for judgment. As there is no representation on behalf of the respondent, the revision petitions are being disposed of on the basis of the record and submissions of the learned Counsel for the petitioner.

(2.) THE facts of CRP No. 3940 of 2008 are taken for the purpose of disposing of all the revisions, as similar grounds were taken in all the cases and on similar findings the courts below passed the orders impugned in the revision petitions. CRP No. 3940 of 2008 :

(3.) THE tenant is the petitioner. The respondent/landlady filed an eviction petition on the ground of wilful default alleging that the petitioner herein is her tenant and it appears that previously the rent was only Rs. 250/- per month. The landlady has filed a fixation of rent petition'' which was allowed and the rent was enhanced to rs. 500/- per month payable with effect from the date of fixation of the rent petition (1. 7. 2000 ). During the pendency of the said fixation of rent petition, the petitioner was paying the rent at the agreed rate of rs. 250/- per month and by virtue of the finality which accrued to the order of the fixation of fair rent, the petitioner was liable to pay the rent at the revised rate from 1. 7. 2000. In the present case, the landlady alleged that the tenant has to pay the rent at the revised rate from march, 2000 to August, 2002 at the rate of rs. 500/- per month totalling to Rs. 3,000/ -. Similarly the differential rent between the admitted rent and the revised rent for the period from July, 2000 to February, 2002 is also due and payable and the same works out to Rs. 5,000/ -. Based on the ground that the aforesaid amount remains unpaid and the tenant had committed default, the eviction petition was filed on 24. 9. 2002.