A tenant's failure to pay enhanced rent constitutes wilful default, regardless of advance rent held by the landlord, if arrears exceed the advance.

ORDER :

G.Ilangovan, J.

This revision petition has been filed to set aside the fair and decreetal order passed in R.C.A.No.10 of 2017 order dated 01.06.2023, on the file of the Rent Control Appellate Authority (Principal Sub Court), Tirunelveli confirming the fair and decreetal order passed in R.C.O.P.No. 2 of 2014 order, dated 02.05.2017 on the file of the I Additional District Rent Controller (I Additional District Munsif Court), Tirunelveli.

2.The facts in brief:

R.C.O.P.No.2 of 2014 was filed by the respondent herein under the provisions of 10(2)(i), 10(2)(ii)(b), 10(2)(iii) and 10(3)(a)(iii) of Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 , against the petitioner herein for eviction on the ground that the revision petitioner defaulted in payment of rent in willful manner, caused damages to the demised building and for own use and occupation and different users, than the purpose for which it was leased out. The Rent Controller decided the first issue wilful default in favour of the landlord. In respect of the different user, causing damages and for own use and occupation, the grounds were rejected. So delivery was ordered on the ground of wilful default, by the order dated 02.05.2017. Against which, the revision petitioner preferred R.C.A.10 of 2017 before the appellate Authority namely Sub Judge, Tirunelveli. The appellate authority concurred with the finding regarding the wilful default and dismissed the appeal by the order, dated 01.06.2023. Against which this revision petition is preferred.

3.Heard both sides.

4.Among the grounds raised by the respondent herein the eviction was ordered only in respect of wilful default. We need not consider the other grounds raised by the respondent. An attempt was made by the respondent before the appellate authority to raise up those pleas once again. But, it was rightly rejected by the appellate authority. So that portion of the order or finding as the case may be recorded by the Rent Controller attained finality.

5.Revision is concentrated only upon the issue of wilful default. Before we go into the main issue, the admitted fact can be kept in mind. The rent was monthly rent based upon English Calendar month entered between the parties. On 12.12.2009, an advance amount of Rs.60,000/- was paid by the revision petitioner. Now it lies in the custody of the respondent. The original rent was fixed at Rs.10,000/-. Originally the period was fixed for 11 months. After 11 months period is over in the event of renewal, the tenant must pay 6% enhanced rent. This is the admitted fact on both sides.

6.Now coming to the issue. According to the respondent herein, after the expiry of 11 months period, it was orally extended for another 11 months. As per the terms of the lease agreement, the revision petitioner must pay enhanced rent at the rate of Rs.10,600/-. But, the revision petitioner requested the respondent to reconsider the enhancement stating the financial position of the trust. So the original rent of Rs.10,000/- was continued for two times. But, later, from December 2012, the revision petitioner must pay enhanced rent at the rate of Rs.11,800/-. That amount was not paid by the revision petitioner wilfully. A notice was issued on 13.02.2013, for which revision petitioner sent reply notice on 19.02.2013.

7.Later, the revision petitioner filed R.C.O.P.No.2 of 2014 stating that the agent of the respondent is not coming for collecting the rent. So permission must be granted to him to deposit the monthly rent.

8.So in respect of this averment in the petition, now we will go to the counter affidavit filed by the revision petitioner before the Rent Controller, wherein, it has been stated that the trust is not a tenant under the respondent. But, Kamaraj in the individual capacity, who is also trustee of the trust is the tenant. Now, this point is not raised before me at this stage. So we need not be enter on that point.

9.Coming to the issue of default, it has been stated in the counter that till