ORDER :

S. Vaidyanathan, J.

1. The present petition has been filed to transfer the case in R.C.A. No. 11 of 2018 pending on the file of the Principal Sub-Ordinate Court, Vellore to the Subordinate Court, Ranipet.

Brief Facts of the case:

2. The building of the respondent/landlord, a Doctor was rented to the petitioner/tenant (hereafter referred to as the landlord and tenant), who is an Advocate by profession on a monthly rent of Rs. 1,800/- and the schedule property is measured to an extent of 1113 sq.ft. Since the tenant was irregular in payment of rent and the tenant has been using the property like a dumping yard, the landlord requested the tenant to vacate the premises and pursuant to his refusal, the landlord was forced to file RCOP No. 24 of 2010 in addition to filing an interim application in I.A. No. 23 of 2015 for recovery of arrears;

2.1. The said RCOP was allowed on 09.09.2015 in favour of the landlord and the landlord was also directed to deposit the rental arrears of Rs. 1,94,000/- before the Court. Subsequent thereto, the landlord filed E.P. No. 95 of 2015 for eviction of the tenant from the tenancy premises, against which, the tenant filed E.A. No. 183 of 2017 on the ground that he had filed an appear against the order passed in RCOP;

2.2. In the meanwhile, the landlord preferred I.A. No. 67 of 2017 for recovery of arrears of rent of Rs. 2,44,800/-, which was allowed on 26.07.2017 with a direction to the tenant to pay the arrears. Aggrieved by the said order, the tenant filed CRP No. 2792 of 2017, in which an interim stay was granted with a condition to deposit 50% of the rental arrears and thereafter, the main CRP itself was disposed of by this Court on 11.01.2018. This Court, while disposing of the CRP, had directed the Lower Court to dispose of I.A. No. 137 of 2015 filed by the tenant against the RCOP order;

2.3. The Principal Sub Court, Vellore subsequently condoned the delay in filing RCA and RCA was numbered as RCA No.11 of 2018 and as a last resort to drag on the proceedings, the tenant has filed the present petition to transfer the case from the file of the Principal Sub-Ordinate Court, Vellore to the Subordinate Court, Ranipet by levelling certain complaints against the Principal Subordinate Judge.

3. In the previous hearing dated 12.02.2020, though this was inclined to fix the next date of hearing as 18.02.2020, on the request of Mr. R. Sankarasubbu, learned counsel for the petitioner/tenant, the date was altered and specifically posted today for orders. Surprisingly, learned counsel has not chosen to represent the case today, despite several adjournments being granted at his request on earlier occasions. Therefore, this Court has decided to pass orders on merits.

4. Initially, one Mr. R. Chandrasekaran, Advocate had filed vakalath on behalf of the petitioner and an elaborate argument was advanced by him. After hearing the extensive argument, this Court expressed its dissatisfaction over the conduct of the petitioner and granted time to the petitioner to vacate the premises and hand over the vacant possession to the respondent. On the next date of hearing, the Advocate has informed this Court that the petitioner did not listen to his advice in respect of vacation of premises and therefore, he withdrew his vakalath and in his place, Mr. R. Sankarasubbu, learned counsel has entered appearance.

5. In the affidavit filed by the petitioner in support of this petition, it is averred that there was a tenancy agreement between him and the landlord and he had cleared the entire dues due to the landlord. It is further averred that when there is no default on his part, he cannot be evicted. The petitioner seeks transfer of the case on the ground of purported bias shown by the Principal Sub-Ordinate Court, Vellore.

6. Per contra, the respondent/landlord has filed a counter affidavit, wherein it has been stated as follows