Civil revision petition challenging an eviction decree for willful default in rent payment. The Court held that non-payment for several years constitutes willful default despite later payment under court direction, and dismissed the petition.
Petition dismissed; tenant directed to vacate premises within two months.
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.
C.R.P.[NPD].No.3015 of 2024
THE HIGH COURT OF JUDICATURE AT MADRAS
Date : 06.11.2024
CORAM:
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
C.R.P.[NPD].No.3015 of 2024
&
CMP.No.16214 of 2024
Nadarajan [died]
. . . Petitioners
Versus
Sri Vasavi Kanniga Parameswari Devasthanam, Rep. by its President, Mr.Rajendran Kamatchiamman Koil Street, Pondicherry. . . . Respondent
PRAYER : Petition filed under Article 227 of Constitution of India to set aside the decree and judgment dated 18.04.2024 in R.C.A.No.12 of 2019 against H.R.C.O.P.No.54 of 2024 on the file of the III Additional District Judge, Pondicherry confirming the judgment and decree dated 17.04.2018 in H.R.C.O.P.No.54 of 2004 on the file of the Rent Controller I, at Puducherry.
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C.R.P.[NPD].No.3015 of 2024
For petitioners : Mr.T.Mathi For respondent : Mr.Anirudh Krishnan
O R D E R
Challenge has been made against the decree and judgment of the appellate authority dated 18.04.2024 in R.C.A.No.12 of 2019 against H.R.C.O.P.No.54 of 2024 on the file of the III Additional District Judge, Pondicherry confirming Order of eviction by the Rent Controller dated 17.04.2018 in H.R.C.O.P.No.54 of 2004 on the file of the Rent Controller I, at Puducherry.
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C.R.P.[NPD].No.3015 of 2024
second petitioner is a widow and at any event, the respondent is leasing out the property to the third party and the petitioners are also willing to pay the rent and they may be continued to be a tenant. It is the contention of the petitioners that during the pendency of the present Civil Revision, rents have paid as per the direction of this Court. Therefore, non payment of rent for certain period will not amount to willful default.
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C.R.P.[NPD].No.3015 of 2024
clearly indicate that the petitioner has capacity to mobilize funds. The fact remains that the petitioner has not paid monthly rent of Rs.1250/- regularly from the year 2004. When the tenant has not paid rents regularly for several months, it cannot be said that such default will not amount to willful default. When the rent has been withheld or not paid for may years, merely some rent has been paid as per the direction of the Court, it cannot be said that there is no willful default on the part of the petitioner. Hence, I do not find any merits in the Order of the appellate authority confirming Order of eviction by the Rent Controller.
06.11.2024
Index : Yes / No Internet: Yes Speaking/non speaking order
vrc
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C.R.P.[NPD].No.3015 of 2024
N. SATHISH KUMAR, J.
vrc
C.R.P.[NPD].No.3015 of 2024
06.11.2024
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1 issue framed by the court
Whether failure to pay rent regularly for several years amounts to willful default warranting eviction?
Rajalakshmi
Rajesh
Rajeswari
Sri Vasavi Kanniga Parameswari Devasthanam
N. SATHISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
