The tenant must provide sufficient evidence to prove payment of rent and the nature of the leased premises in eviction cases.

JUDGMENT :

(Prayer: Civil Revision Petition filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act to set aside the fair and decreetal order dated 06.11.2019 made in R.C.A.No.64 of 2018, passed by the learned IX Judge, Small Causes Court, Chennai by confirming the fair and decreetal order dated 04.01.2018, made in R.C.O.P.No.1932 of 2015 passed by the learned XIII Judge, Small Causes Court, Chennai.)

1. Revision has been filed against the order of eviction. The petitioner is the tenant. The respondent landlord has filed a petition for eviction under Section 10(2)(i), of the Tamil Nadu Buildings (Lease & Rent Control) Act, 1960, on the ground of willful default in payment of rent from November, 2014 to December, 2015. The Rent Controller allowed the petition and ordered eviction, which has been confirmed by the learned Appellate Authority. Challenging the same the present revision. The parties are hereinafter referred to as per their jural relationship.

2. According to the landlord, he is the absolute owner of the premises at Door No.7/9, Dr.Alagappa Road, Chennai and in a small portion on the left side front portion of the premises, the tenant is running a waste paper mart on a monthly rent of Rs.1,500/- and he committed willful default in paying the rent from November, 2014 till December, 2015. In the above circumstance, he has filed the present petition for eviction.

3. The tenant contested the petition on the ground that, a small vacant portion was originally leased out by the erstwhile landlord Mrs. Kutty Ammal in the year 1988 to his father and he has constructed a superstructure on his own measuring an extent of 100 sq.ft. and he continue to pay the ground rent to the erstwhile landlord. After his father’s death in the year 2007, he was running the business and paying the rent regularly.

4. The landlord stated to have purchased the property in the year 2011 and never informed about the same to the tenant likewise the erstwhile landlord also failed to inform about the sale in favour of the landlord to the tenant. Thereafter, when the landlord tried to evict the tenant, he has filed a suit in O.S.No.1584 of 2015, in which, the landlord filed a written statement stating that he has purchased the property, then only he came to know about the sale. Thereafter, he started depositing the rent in the landlord’s bank account directly. So far as the period between November, 2014 and December, 2015 is concerned, he had paid the entire rent to the erstwhile landlord. According to him, there is no attornment of tenency in favour of the landlord. He also denied any willful default in payment of rent.

5. The trial Court after considering the pleadings and evidence has allowed the petition and ordered eviction. An Appeal filed by the tenant against the said order was also dismissed by the learned Appellate Authority and confirmed the order of the learned Rent Controller. Against the said concurrent order of eviction, present revision has been filed.

6. Mrs.Chitra Sampath, learned senior counsel appearing for the tenant would contend that, the portion leased out to the tenant is only a vacant site and the tenant’s father alone put up a superstructure thereon, and all along he paid the ground rent to the erstwhile landlord. That apart, for the alleged default period, he has paid the rent to the erstwhile landlord Ms.Dhanakoti D/o late Mrs.Kutty Ammal, and the rent receipts were also filed before the trial Court in Ex.R1. That apart, the tenant has been in possession of the property since 1988 and paying ground rent to the erstwhile landlord, and the present landlord has purchased the property only in the year 2011, the above purchase was not duly informed to the tenant neither by the erstwhile landlord nor by the present landlord and he has no knowledge about the purchase, therefore, he has been continuously paying the rent to the erstwhile landlord. Only in the year 2015, when a suit was filed by him, he came to know ab