JUDGMENT :

(Prayer: This Second Appeal is filed under Section 100 of the Code of Civil Procedure against the judgment and decree dated 29.04.2009 made in A.S.No.22 of 2008 on the file of the District Judge and Appellate Authority of the Nilgiris at Udhagamandalam, confirming the judgment and decree dated 23.11.2007 made in O.S.No.264 of 2001 on the file of the Subordinate Court, Nilgiris, Ootacamund.)

1. The defendant is the appellant in this Second Appeal. This Second Appeal is filed against the concurrent finding of the Courts below. The suit is for recovery of money arose due to the rental arrears. The plaintiff is the Land lady of the suit property, which was let out to the Deputy Commercial Tax Office, Government of Tamil Nadu, for rent of Rs.495/- per month.

2. The plaintiff initiated rent control proceedings against the defendant for fixation of fair rent. In R.C.O.P.No.35 of 1986 on the file of the Kothagiri District Munsif Court. It was allowed exparte on 03.04.1986. Against the said exparte order, the defendant filed an Interlocutory Application to set aside the exparte order. That application was dismissed by the Rent Control Tribunal. Against which, the defendant preferred