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THE HIGH COURT OF JUDICATURE AT MADRAS
N. Sathish Kumar, J
Elsi Joshi – Appellant
Versus
Sudalai Mani – Respondent
ORDER :
N. Sathish Kumar, J.
Challenging the Order of the appellate authority reversing the finding of the rent controller Ordering eviction under section 10 [2] [i] [a] of the Tamilnadu Buildings [Lease and Rent Control] Act, the present revision has been filed.
2. The landlord has filed rent controller proceedings under section 10[2] [i] [a] of the Tamilnadu Buildings [Lease and Rent Control] Act for eviction on the ground of willful default. It is the case of the landlord that the respondent was originally inducted as a tenant on a monthly rent of Rs.100/- and the same has been periodically increased and the present rent payable is Rs.8000/- per month excluding electricity. The respondent is not prompt in paying monthly rents and failed to pay monthly rent for the months of January 2017 and February 2017 and there is arrears of rent to the tune of Rs.16000/- . Therefore, a petition has been filed for eviction on the ground of willful default. The tenant took a stand that the monthly rent payable is not Rs.8000/- and it is only Rs.6000/-. According to him, he has not committed willful default and the rents have been tendered continuously. When he tendered rent for 2015, the same has
Willful default in rent payment requires consistent non-payment and indifference, as established by tenant's irregular payment behavior.
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....
Point of law : Tenant paid the arrears of rent only in a lumpsum and the same was received by the landlord without prejudice to the R.C.O.P. filed by him. In the above circumstances, it is decided 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....
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.
The tenant must demonstrate regular rent payments; failure to do so constitutes willful default, justifying eviction, regardless of property ownership changes under the Tamil Nadu Buildings (Lease an....
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