JUDGMENT :

(Prayer: Revision petition is filed against the fair and decretal order dated 09.12.2016 passed by the IX Judge, Small Causes Court, Chennai in RCA No.296 of 2016, reversing the order dated 24.03.2016 in RCOP No.2256 of 2012 passed by the XV Judge, Small Causes Court, Chennai.)

1. This Civil Revision Petition has been filed by the petitioner, against the order dated 09.12.2016 passed by the IX Judge, Small Causes Court, Chennai in RCA No.296 of 2016, reversing the order dated 24.03.2016 in RCOP No.2256 of 2012 passed by the XV Judge, Small Causes Court, Chennai.

2. The brief facts which led to the filing of the present Revision Petition, can be stated as under:

3. The petitioners herein are the absolute owners of the premises situated at D.No.155/158, Poonamallee High Road, Chennai-600 010. The respondent herein is a tenant in respect of non-residential portion consisting of ground floor, first floor and second floor of the premises on a monthly rent of Rs.1,40,080/- per month. Both the petitioners and respondent have entered into a Lease Agreement and the same was confirmed by the respondent vide his letter dated 11.05.2011, the monthly rent payable from 21.03.2011 is Rs.1,61,092/-. According to the petitioners, the respondent has not been prompt in paying the monthly rents. The petitioners sent a notice dated 24.05.2011 to the respondent for default of rent from January, 2011 to April, 2011. Pursuant to the same, the respondent started paying the rent. However, the respondent again failed to pay the rents from August, 2011 to August, 2012 amounting to Rs.21,36,220/-. It is also stated by the petitioners that the respondent without obtaining prior permission or consent from the petitioners, the respondent used to make a structural alterations to the demised premises and thereby committed an act of waste. In such circumstances, the petitioners filed petition in R.C.O.P.No.2256 of 2012 before the Rent Controller seeking eviction of the respondent.

4. Resisting the above petition, the respondent filed a counter, wherein it is stated that the respondent is the Managing Director of Derby Clothing Private Limited and he entered into a Lease Agreement dated 21.08.2008 in respect of the demised premises for the purpose of running their retail outlet to sell readymade garments, textiles etc. A total sum of Rs.14,00,800/- was paid towards rental advance and monthly rent was fixed at Rs.1,40,080/- per month. The respondent used to pay the rents in respect of each petitioner at equal shares. Later, the petitioners through their representatives viz. Mr.Bharath and Mr.Fathesh have demanded 15% increase in rent as per Lease Agreement. According to the respondent, since there was no considerable progress in his business he could not accede to the petitioners’ demand for increase in rent. In such circumstances, the petitioners instructed the respondent to vacate the premises. Accordingly, the respondent vacated and handed over the vacant portion on 22.02.2012 by issuing a notice dated 16.02.2012.

5. According to the respondent, having taken possession on 29.02.2012, the petitioners are due and liable to return the advance amount after adjusting the rental arrears. However, the petitioners were dragging on the settlement of accounts stating that they would adjust the rent from August, 2011 to February, 2012 with the advance amount on the enhanced rent which was not acceded to by the respondent. It is also stated by the respondent that he has paid TDS amount for the rents that were paid to the petitioners. With these averments, the respondent sought for dismissal of the petition.

6. The Rent Controller, upon consideration of both oral and documentary evidence, by Order dated 24.03.2016 allowed the petition, ordering eviction against the respondent on the both the grounds, viz., willful default and act of waste.

7. Aggrieved by the order of the Rent Controller, the respondent preferred an appeal before the Rent Control Appellate Authority. By