Strict compliance with mandatory procedures for depositing rent under the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 is essential before filing a petition under Section 8(5) of the Act.

These civil revision petitions are filed challenging the common order dated 21.8.2003 passed in R.C.A. Nos. 5 and 6 of 1997 on the file of the learned Subordinate Judge (Appellate Authority), Virudhunagar.

2. Since both the revision petitions arise from the common order and the dispute in both the revision petitions are between the same parties, both the revision petitions are disposed of by this common order.

3. The revision petitioner is landlady, who filed R.C.O.P. No. 13 of 1996 before the Rent Controller (District Munsif Court), Virudhunagar, and prayed for ordering eviction of the tenant/respondent on the ground of wilful default in payment of rent from February, 1995. According to the petitioner, the non- residential building situated at Door No. 67, Main Bazaar, Virudhunagar Town, was purchased by her and the respondent herein was already a tenant, orally agreed to pay monthly rent of Rs. 1,000/- on the first day of every English Calendar month and the respondent has paid the rent till the end of January, 1995, and not paid the rent for the subsequent months from February, 1995, till the end of February, 1996, in spite of repeated demands and the said action of the respondent amounts to wilful default and therefore the respondent is liable to be evicted under Section 10(2)(i) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960.

4. The tenant/respondent herein filed R.C.O.P. No. 14 of 1996 under Section 8(5) of the Act seeking permission to deposit the rent before the Rent Controller stating that the petitioner herein was not receiving the rent and therefore he may be permitted to deposit the rent in the Court.

5. The learned Rent Controller (District Munsif), Virudhunagar, by order dated 19.2.1997, allowed the eviction petition filed by the petitioner in R.C.O.P. No. 13 of 1996 and dismissed the R.C.O.P. No. 14 of 1996 filed by the tenant/respondent herein.

6. The tenant/respondent herein challenged both the orders by filing R.C.A. Nos. 5 and 6 of 1997, which was allowed by the Rent Control Appellate Authority (Sub Judge), Virudhunagar, as against which, these revision petitions are filed.

7. The learned counsel for the landlady/petitioner submitted that the rent fixed for the premises was Rs. 1,000/- per month and in spite of the demand, the rent was not paid from February, 1995 for thirteen months and therefore there is wilful default.

8. The learned counsel for the tenant/respondent on the other hand submitted that the rent fixed was only Rs. 200/- per month and the rent of Rs. 200/- being sent by the respondent to the landlady through demand draft, the same was refused to be received and thereafter it was sent by money order, which was also refused to be received and for depositing the rent, he filed application under Section 8(5) of the Act.

9. There is a dispute with regard to the actual rent for the building which was rented out to the respondent by the petitioner. The appellate Court while allowing the appeal filed by the tenant with regard to the eviction has not given a clear finding with regard to the actual rent fixed/payable for the said premises and without ascertaining the actual rent for the building, it is not possible to find out whether there was wilful default in payment of rent by the tenant or not. Similar issue was considered by this Court in the decision in (1994) TLNJ 78, wherein it is held that if there is dispute with regard to the rent payable, the Rent Controller shall summarily decide the rent payable under Section 11(3) of the Act, which reads as follows:

"Section 11(3): Where there is any dispute as to the amount of rent to be paid or deposited under sub-section (1) the Controller or the Appellate Authority, as the case may be, shall, on application made to him either by the tenant or by the landlord, and after making such inquiry as he deems necessary, determine summarily the rent to be so paid or deposited."

10. The learned counsel for the landlady/petitioner as well as the learn