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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR
A. Mohandoss – Appellant
Versus
Manju Bai – Respondent
ORDER :
N. SATHISH KUMAR, J.
1. Challenging the concurrent finding of the learned Rent Control Appellate Authority as well as the original order of the Rent Controller ordering eviction on the ground of wilful default and owners occupation, these Revisions are filed.
2. Brief facts leading to filing of these revisions are follows:
2.a. RCOP Nos.1317 of 2015 and 1318 of 2015 were filed against the petitioner herein under Sections 10 (3) (a) (iii) and 10 (2) (iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 with respect to the first floor; second floor and ground floor portion of the property respectively at Choolaimedu, Chennai.
2.b.The revision petitioner is an advocate by profession was inducted as tenant by one Parsanchand who is the husband of the first respondent and father of the 2nd respondent in respect of ground and second floor on 15.11.2006 for monthly rent of Rs.6050/- and Rs.50,000/- as security deposit. Subsequently, first floor was let out to him for a rent of Rs.5,500/- and Rs.45,000/- as security deposit, totalling rent of sum of Rs.11,500/- of all the floors. The said Parsanchand died on 07.04.2009. On 08.01.2014, the legal heirs of the deceased Par
The eviction of a tenant can be justified based on wilful default, evidenced by non-payment of rent, regardless of claims about the landlord's identity or agreements made post-tenancy.
The main legal point established in the judgment is the validity of the rental agreement and the consequences of non-payment of rent under the Tamil Nadu Buildings [Lease and Rent Control] Act, 1960.
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....
The main legal point established in the judgment is that tenants cannot deny the status of a landlord based on the agreed rent and must provide satisfactory evidence to support their claims.
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....
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