S. SOUNTHAR
Yasmin Najumuddin – Appellant
Versus
E. P. Mohammed Ali – Respondent
JUDGMENT :
(Prayer: Civil Revision Petition is filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, (as amended by Act 23 of 1973 and by Act 1 of 1980, praying to allow the above Civil Revision Petition and set aside the Judgment and Decree dated 22.03.2021 passed in R.C.A.No.184 of 2016 by the learned VIII Judge, Court of Small Causes at Chennai, (Rent Controller Appellate Authority) confirming the fair and decreetal order passed in R.C.O.P.No.144 of 2015 by the learned XI Judge, Court of Small Causes at Chennai, (Rent Controller) dated 09.12.2015.)
1. The Civil Revision Petition is filed challenging the order of eviction passed in rent control proceedings.
2. The deceased 1st respondent/landlord filed rent control eviction petition on the ground of wilful default. The Rent Controller ordered eviction and aggrieved by the same, the petitioner preferred an appeal before the Rent Control Appellate Authority. The same was also dismissed and hence, aggrieved by the concurrent findings against her, the tenant is before this Court. Pending civil revision petition, the 1st respondent died and his legal representatives were brought on record as respondents 2 and 3
K.Ugrapandian vs. K.E.Ramalingam reported in (2013) 8 MLJ 465.
K.Karuppiah vs. B.Kubendran reported in 2009 (2) CTC 595.
M.K.Selvaraj and others vs. Hameed Fathima Ghani reported in 2013 (4) CTC 574.
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....
Tenant cannot claim automatic adjustment of advance rent without a specific clause in the rental agreement; default in rent payment is sufficient ground for eviction.
A tenant's failure to pay enhanced rent constitutes wilful default, regardless of advance rent held by the landlord, if arrears exceed the advance.
A tenant must establish timely rent payments to avoid eviction; separate attornment of tenancy is unnecessary upon property transfer.
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