The Madras High Court dismissed a civil revision petition filed by a tenant to set aside an eviction order. The court held that the tenant committed willful default in rent payment, leading to dismissal of the appeal and the revision.
Civil Revision Petition dismissed; No costs; Connected memoranda closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRP(NPD)No.293 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 09.12.2020 PRONOUNCED ON : 16.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
CRP(NPD)No.293 of 2017
CMP.No.1313 of 2017
(Through Video Conferencing)
A.Natarajan Petitioner
Vs
Kaleem Sait Respondent
Prayer:- This Civil Revision Petition has been filed, under Section 227 of the
Constitution of India, to set aside the judgement and decreetal order dated
08.11.2016, made in RCA.No.18 of 2015, by the Subordinate Judge, Nilgiris at
Udhagamandalam, confirming the fair and final order dated, 27.02.2015, made
in RCOP.No.20 of 2012, by the Rent Controller, Ootacamund, The Nilgiris.
For Petitioner : Mr.V.Bhavani Subbaroyan For Respondent : No Appearance (Party in Person)
ORDER
CRP(NPD)No.293 of 2017
the landlord is the Respondent. The tenanted premises is at Door No.147/158, Fernwod Cottage, Onslow Road, Ootacamund for a monthly rent. According to the landlord, the tenant has wilfully defaulted in payment of rent for 22 months and committed acts of waste. Hence, the tenant has filed RCOP.No.20 of 2013 before the Rent Controller for eviction. By the impugned order, eviction was ordered on the ground of wilful default in payment of rent alone. As against the same, the tenant has filed RCA.No.18 of 2015 before the Appellate Authority. By the impugned judgement, the Appellate Authority had dismissed the appeal, confirming the order of the Rent Controller. Hence, this Civil Revision Petition has been filed by the tenant.
to increase the rent, the landlord has initiated eviction proceedings and that the landlord has increased the rent from Rs.800/- to Rs.1,500/- and that both the courts below have failed to appreciate the fact that the RCOP.No.1 of 2012, seeking to deposit the monthly rent was filed by the tenant and that when the tenant was ready and willing to pay the agreed rent and as the Respondent has refused to receive the rent, both the courts below erred in coming to the conclusion that the tenant did not even pay the admitted arrears of rent and ordering eviction and in such circumstances, this Civil Revision Petition is to be allowed.
CRP(NPD)No.293 of 2017
16.02.2021
CRP(NPD)No.293 of 2017
A.A.NAKKIRAN, J.
Srcm
Index:Yes/No Web:Yes/No Speaking/Non Speaking Srcm To
Pre-Delivery Order in
CRP(PD)No.293 of 2017
16.02.2021
3 issues framed by the court
Whether the impugned order evicting the tenant for willful default in payment of rent warrants interference in this revision petition.
Whether the tenant's late partial payment of arrears and failure to complete the deposit into court constitute willful default.
Whether the revision petition against the eviction order should be dismissed.
A. Natarajan
Kaleem Sait
A.A.Nakkiran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
