1. Tenant is the Revision Petitioner.

2. The respondents / land lords filed R.C.O.P.No.277 of 2010 on the file of the XVI Small Causes Court, Chennai for eviction on the ground of willful default in payment of monthly rent from April 2007 to till date, using the petition promises for the purpose other than for which it was leased out.

3. The case of the landlords is that the Revision Petitioner became the tenant under a Rental Agreement dated 20.08.2006 and the monthly rent was fixed as Rs.9,000/-and an advance amount of Rs.80,000/-was paid by the Revision Petitioner. The Revision Petitioner failed to pay the rent from September 2006 onwards and committed default in payment of rent.

4. The Tenant/Revision Petitioner contested the said petition stating that there is no relationship of landlords and tenant between the parties and he entered into an agreement of sale with the landlords and paid an advance of Rs.80,000/- and the total consideration was fixed at Rs.3,51,000/-and therefore, the petition for eviction under the Rent Control Act is not maintainable and the tenant is in possession of the property as part performance of agreement of sale. Thereafter, the landlord