JUDGMENT :

S. KANNAMMAL, J.

Prayer: Revision petition is filed against the judgment and decree passed in RCA No. 21 of 2044 dated 21.03.2016 on the file of VIII Small Causes Court, confirming the fair and decretal order passed in RCOP No. 2161 of 2010 dated 20.09.2013 on the file of XIV Small Causes Court.

1. This Civil Revision Petition has been filed by the petitioner, against the judgment and decree passed in RCA No. 21 of 2044 dated 21.03.2016 by the learned VIII Judge, Small Causes Court, confirming the fair and decretal order passed in RCOP No. 2161 of 2010 dated 20.09.2013 of the XIV Judge, Small Causes Court.

2. The petitioners herein are the tenants and the respondent is the landlord in respect of the a Shop bearing No. 7 admeasuring an extent of 1250 sq. ft. in ground floor and 900 sq. ft. in Mezzanine floor. The monthly rent was fixed at Rs. 16,675/- per month with rental security deposit of Rs. 1,56,000/-.

3. According to the respondent/landlord, the petitioners were not prompt in payment of rents and committed default for the period of November 2009 to February, 2010 and later at the instance of the respondent, they paid the arrears of rent. thereafter, again the petitioners committed default in payment of rents from March, 2010 till November, 2010, which works out to Rs. 1,50,075/- for total period of 9 months and after adjusting the security deposit, still the petitioners were due in arrears of payment of rent for a sum of Rs. 10,750/-. In such circumstances, the respondent/landlord, has moved the Rent Controller, seeking eviction of the petitioners herein on the ground of willful default.

4. Resisting the petition filed by the landlord, the petitioners/tenants, by way of counter, while denying the averments contained in the petition, have stated that they have not committed any willful default in payment of rents. According to them, due to financial crises in their business, they made payment of rents little bit late, which cannot be termed as willful default and the landlord, without any reluctance, was receiving the rents though paid belatedly and after adjusting the security deposit towards arrears of rent, when the petitioners/tenants were about to issue cheque, but the landlord refused to receive the same. Therefore, according to the petitioners/tenants, they have not committed any default in payment of rents and the calculation given by the landlord, showing due of arrears is wrong. With these averments, the petitioners/tenants sought for dismissal of the eviction petition.

5. The Rent Controller, on going through the entire material both oral and documentary as well as case laws cited before him, came to the conclusion that the petitioners/tenants committed willful default and accordingly, by order, dated 20.09.2013, allowed the petition, directing the respondents to vacate and deliver vacant possession within two months from the date of the order. Aggrieved by the order of the Rent Controller, the petitioners/tenants have preferred an appeal in RCA No. 21 of 2014.

6. The Rent Control Appellate Authority, on appreciation of the evidence and the findings of the Rent Controller, has also come to the conclusion that the petitioners/tenants committed willful default and accordingly, confirmed the order of the Rent Controller. Questioning the same, the petitioners/tenants have come forward with the present Revision.

7. The learned counsel appearing for the petitioners/tenants would submit that the findings of the Courts below are without proper appreciation of the facts and evidence and admittedly, the landlord received 10 months advance amount of Rs. 1,56,000/- and the same has to be adjusted to the rents due and payable by the tenants and though there is delay in payment of rents, but it cannot be termed as willful default so as to order eviction of the tenants.

8. On the other hand, the learned counsel appearing for the respondent/landlord would submit that on analysing the entire evidence, both the Courts below hav