ORDER :

PRAYER: Civil Revision Petition filed under Section 25 of the Tamilnadu Buildings (Lease and Rent Control) Act, 1960, as amended by Act 23 of 1973 and Act 1 of 1980 to set aside the order and decretal order dated 16.11.2007 made in RCA.No.75 of 2004 on the file of the VIII Judge, Small Causes Court (Rent Control Appellate Court), Chennai confirming the order and decretal order dated 10.12.2003 made in RCOP.No.2312 of 1992 on the file of the XIII Judge, Small Causes Court, Chennai and to allow the civil revision petition.

This civil revision petition has been filed to set aside the order and decretal order dated 16.11.2007 made in RCA.No.75 of 2004 on the file of the VIII Judge, Small Causes Court (Rent Control Appellate Court), Chennai confirming the order and decretal order dated 10.12.2003 made in RCOP.No.2312 of 1992 on the file of the XIII Judge, Small Causes Court, Chennai, thereby ordered for eviction on the ground of wilful default.

2. While pending the present civil revision petition, the petitioner has also filed a miscellaneous petition in CMP.No.14394 of 2019 to receive the following additional documents:

(a) Copy of the plaint in CS.No.2114 of 1995 (b) Copy of the written statement in CS.No.2114 of 1995

(c) Copy of the plaint in OS.No.1718 of 1996 and the written statement filed therein

(d) Order dated 24.10.2018 and 26.10.2018 passed by this Court in Application No.6470 of 2018 in CS.No.2114 of 1995

(e) Order dated 15.11.2018 passed by this Court in Applications No.6470 of 2018 in CS.No.2114 of 1995

3. The petitioner is the tenant and the first respondent is the landlord. The first respondent filed petition for eviction on the ground of wilful default. The case of the first respondent is that the petition premises is situated at No.2 General Patters Road, Chennai-2 and for non residential purpose, for the monthly rent of Rs.631, it was rented out in favour of the petitioner herein. The first respondent already filed petition for fixation of fair rent in RCOP.No.1245 of 1992. The first respondent also filed petition for eviction on the ground of wilful default in RCOP.No.1246 of 1992. The learned Rent Controller allowed both the petitions and fixed fair rent at Rs.12,128/-. Aggrieved by the same, the petitioner filed appeal in RCA.Nos.1617 of 1983 and 252 of 1984. Both were dismissed and confirmed the order passed by the learned Rent Controller by order dated 21.03.1985. Feeling aggrieved over the same, the petitioner herein preferred civil revision petition before this Court in CRP.No.2751 of 1985 and the same was also dismissed by this Court by order dated 21.03.1992. Thereafter, the petitioner also filed review petition and the same was also rejected by order dated 10.04.1992. The petitioner also challenged the order of eviction before the Hon'ble Supreme Court of India in SLP.Nos.5926 & 5927 of 1992 and the Hon'ble Supreme Court of India also dismissed the same on 21.05.1992. Therefore, the fair rent fixed by the learned Rent Controller had been confirmed at Rs.12,128/- per month payable from 15.03.1982. After dismissal of the SLP by the Hon'ble Supreme Court of India, the first respondent caused notice on 02.06.1992, thereby called upon the petitioner for payment of rental arrears as per the fair rent fixed by the learned Rent Controller from 15.03.1982. Even then, the petitioner failed to make any payment as per the fair rent fixed by the learned Rent Controller. Therefore, the petitioner has committed wilful default of payment of rent and rental arrears. As on 15.03.1982, there was arrears of rent to the tune of Rs.11,34,412/-.

4. Resisting the same, the petitioner filed counter and stated that the petition premises belong to the family of one, D.Italia and only the ground rent Rs.103/- per month for the leasehold land which the petitioner had been paying to the vendor M/s. C.P.Gupta and Co. who in turn paid it to the temple was stopped after the sale deed. The temple had refused to accept the ground rent fr