JUDGMENT :

The Civil Revision Petition is directed against the judgment and decree order passed in R.C.A.No.15 of 2011 dated 19.12.2011 on the file of the (Sub Court), Rent Control Appellate Authority, Nilgiris at Uthagamandalam, thereby, reversing the fair and decretal order passed in RCOP.No.22 of 2005 dated 27.01.2011 on the file of the Rent Controller, Udhagamandalam, thereby, allowing the petition for eviction, on the ground of wilful default in payment of rent.

2. Both the Second Appeals have been directed against the judgments and decrees passed in A.S.Nos.36 and 37 of 2011 dated 19.12.2011 on the file of the learned Subordinate Judge of Nilgiris at Ootacamund, reversing the Judgments and Decree passed in O.S.No.211 of 2005 and O.S.No.89 of 2008 dated 27.01.2011 on the file of the learned District Munsif of Ootacamund.

3. In the Civil Revision Petition as well as both the Second Appeals, the petitioner/appellant is the landlord (hereinafter called as “the landlord”) The respondent in the Civil Revision Petition as well as both the Second Appeals is the tenant (hereinafter called as “the tenant”). The landlord filed a petition for eviction, on the ground of wilful default in respect of the petition premises. The learned Rent Controller allowed the petition and ordered eviction as against the tenant herein. Aggrieved by the same, the tenant filed an appeal before the learned Rent Control Appellant Authority and the same was allowed and dismissed the petition filed by the landlord for eviction. Aggrieved by the same, the present Civil Revision Petition filed by the landlord.

4. The landlord filed a petition for recovery of rental arrears in O.S.No.211 of 2005 for the period from 01.06.2002 to 30.06.2005 and in O.S.No.89 of 2008 for the period from 01.07.2005 to 31.05.2008. Both the suits were decreed in favour of the landlord and aggrieved by the same, the tenant filed appeal suits and both the appeal suits were allowed and the suits filed by the landlord were dismissed. Aggrieved by the same, the landlord filed the above Second Appeals.

5. The case of the landlord is that the petition premises is admeasuring 38 cents comprised in R.S.No.4086 of Ootacamund Town, forming part of Oriental Buildings Property, called as, the Orient Cottage. It originally belonged to late.M.A.Browne and under the agreement dated 26.11.1990, the tenant had taken the premises from the landlord on the monthly rent basis, commencing from 01.12.1990. The said M.A.Browne represented by his Administrator, viz., J.Prabhu. He entered into the agreement with the tenant. Initially, the rent was fixed at Rs.300/- for the period from 01.12.1990 to 30.11.1991 and thereafter, enhanced to Rs.1,000/- per month. The tenant is duly permitted to carry out any improvement or renovation to the petition premises, at his own costs, if he so desires to carry out the said improvement. At the time of entering into the agreement, the tenant paid a sum of Rs.35,000/-, as security deposit. After repeated requests made by the landlord, the tenant failed to pay the rental arrears and sought time on the ground that he is in financial difficulty and also he desires to purchase the petition premises. Therefore, the landlord caused legal notice on 22.04.2005 calling upon the tenant to pay the arrears of rent of Rs.1,28,600/- due till 31.03.2005. On receipt of the same, the tenant also replied by the reply notice dated 26.05.2005. On receipt of the same, the landlord also sent a re-joinder for the reply notice dated 01.06.2005. Even then, the tenant failed to pay the rental arrears and as such, the landlord filed a petition for eviction on the ground of wilful default before the learned Rent Controller. Pending the eviction petition, the landlord also filed a suit for recovery of subsequent rental arrears for the period from 01.06.2002 to 30.06.2005, for a sum of Rs.37,000/-, in O.S.No.211 of 2005. The landlord also filed another suit for recovery of rental arrears for the period from