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S. SOUNTHAR
Devan – Appellant
Versus
S. Ebinezar Robert – Respondent
JUDGMENT :
(Prayer: Civil Revision Petition filed under Section 25 of Tamil Nadu Buildings (Lease and Rent) Control Act No.18 of 1960 and Act, No.23 of 1973 and Act No.1 of 1980, praying to set aside the fair and decreetal order dated 15.11.2019 passed in R.C.A.No.4 of 2017 on the file of the Subordinate Judge (Appellate Authority), Vaniyambadi, confirming the fair and decretal order of eviction dated 16.02.2017 passed in RCOP.No.1 of 2008, on the file of the District Munsif (Rent Controller) Vaniyambadi by allowing this Civil Revision Petition.)
1. The Civil Revision Petition is filed by the tenant, challenging the order of eviction passed by the Rent Controller on the ground of wilful default as confirmed by the Rent Control Appellate Authority.
2. The respondent landlord filed an eviction petition against the petitioner on the ground of wilful default and owner's occupation. The Rent Controller ordered eviction only on the ground of wilful default. Aggrieved by the same, the petitioner preferred an appeal before the Rent Control Appellate Authority and the same was also dismissed. Hence, the petitioner is before this Court.
3. According to the respondent landlord, the petition menti
When once eviction petition had been filed, there is no question of landlord losing his right to pursue the same notwithstanding the fact whether the tenant had deposited or was willing to deposit th....
The main legal point established in the judgment is that wilful default in payment of rent requires intentional, deliberate, and conscious non-payment by the tenant. The continuous payment of rent du....
The absence of renewal of the lease period restricts the tenant's liability to pay rent to the agreed amount, and failure to pay enhanced rent does not amount to wilful default.
A tenant must establish timely rent payments to avoid eviction; separate attornment of tenancy is unnecessary upon property transfer.
Willful default in rent payment requires consistent non-payment and indifference, as established by tenant's irregular payment behavior.
A tenant's statutory obligation to pay rent regularly remains intact despite pending proceedings under Section 8(5) for deposit of rent; failure to do so, resulting in accumulation of arrears, consti....
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