A tenant who commits wilful default in payment of rent can be evicted from the premises under Section 10(2)(i) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960.

1. In these two civil revision petitions the revision petitioner and the respondent are the same. The property relating to which the impugned orders were passed is the same. Therefore, these two C.R.Ps. are taken up for joint enquiry.

.2. As regards C.R.P.No. 48 of 1991, the landlord viz., the respondent herein filed an application before the Rent Controller, Vellore under Section 14(1)(b) of the Tamil Nadu Building (Lease and Rent Control )Act requiring the building bearing Door No. 286, Saidapet, Main Bazar, Vellore on the ground that the building is old and dilapidated and that the income derived from the building is low and therefore the landlord wants to demolish the building and reconstruct the same with a view to obtain higher income from the same.

3. The tenant filed his objections to the application contending that the requirement of the petitioner-landlord is not bonafide and that the application has been filed with a view to extract higher rent and that landlord is not possessed of sufficient means to undertake demolition and reconstruction. It was further contended by the tenant that as the landlord was harassing the tenant had to file suit in O.S.No. 683 of 1984 and obtained an interim injunction against the landlord. Further, the landlord refused to receive the rent and therefore the tenant has filed application in RCOP.No.119 of 1984 for deposit of the rent.

4. The learned Rent Controller held an enquiry and allowed the application holding that the requirement of the landlord is true and bonafide. Aggrieved by the same, the tenant preferred an appeal in C.M.A.No. 10 of 1989 to the Appellate Authority viz., Sub Judge, Vellore who confirmed the order and decretal order of the Rent Controller. Therefore the tenant has now preferred this C.R.P.No. 48 of 1991 against the same.

.5. The landlord filed an application in RCOP.No. 94 of 1987 for eviction of the tenant under section 10(2) of the Tamil Nadu Buildings Lease and Rent Control Act on the ground that the tenant has committed willful default in payment of rent and that the tenant is in arrears from 11. 1984 to 30.9.1987 for period of 35 months aggregating to Rs.2,800 and therefore the tenant is liable to be evicted. The tenant filed an objection contending that in 1984 the landlord demanded a monthly rent of Rs. 300 and a huge deposit. As the landlord was harassing the tenant the tenant has filed a suit in O.S.No. 683 of 1984 and obtained injunction against the landlord. Enraged by the same, the landlord refused to receive the rent. Hence the tenant filed application in, RCOP.No. 119 of 1984 for deposit of rent. As the landlord agreed to receive the rent the said application was not pressed. In the meanwhile the landlord filed application in RCOP.No. 92 of 1985 on the ground that he requires the premises bona fide for his occupation. The allegation that the tenant has committed wilful default in payment of rent is false. The landlord is wilfully refusing to receive the rent. The rent due till date of this application has been paid by the tenant. Hence the tenant prayed that the application be dismissed.

6. The Rent Controller who held an enquiry found that the tenant has committed Wilful default in payment of rent and ordered eviction. Aggrieved by the same, the tenant preferred an appeal in C.M.A.No. 19 of 1980 and the appellate Court confirmed the order and decreetal order of the Rent Controller. Hence the tenant has preferred C.R.P.No. 441 of 1984 against the same.

7. The common points that arise for consideration in these above two revisions are:-

.(1) Whether the landlord requires the building bonafide for the purpose of demolition, and re-construction?

.(2) Whether the tenant has committed the wilful default in payment of rent?

8. The Points: The parties in these two CM.As are the same. The landlord is the petitioner and the tenant is the respondent. C.R.P. 48 of 1991 arises out of the order passed by the Rent Controller in an applic