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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.BALAJI
Uma – Appellant
Versus
K.Purushothaman – Respondent
| Table of Content |
|---|
| 1. petition for eviction based on alleged rent default. (Para 1 , 3) |
| 2. willful default established by tenant's failure to pay. (Para 8 , 36) |
| 3. eviction ordered due to tenant's long-standing non-payment. (Para 25 , 30) |
ORDER :
P.B. BALAJI, J.
1. This civil revision petition is filed as against the order dated 29.11.2018 in R.C.A.No.3 of 2015 on the file of Subordinate Court, Vaniyambadi, reversing the fair and decretal order dated 16.09.2014 in R.C.O.P.No.91 of 1995 on the file of the Court of Principal District Munsif cum Judicial Magistrate, Vaniyambadi.
2. The present revision arises under the Tamil Nadu Buildings (Lease and Rent) Control Act 18 of 1960 as amended by Act 23 of 1973.
3. The petitioner is the landlady, aggrieved by the reversal finding rendered by the Appellate Authority in R.C.A.No. 3 of 2015 on the file of Subordinate Court, Vaniyambadi setting aside the eviction order passed by the learned Rent Controller in R.C.O.P. No.91 of 1995 dated 16.09.2014.
4. I have heard Mr.R.Subramanian, learned counsel for the revision petitioner/landlady and Mr.R.Sankarasubbu, learned counsel for the respondent. I have also perused the records, including the impugned order
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....
A tenant must establish timely rent payments to avoid eviction; separate attornment of tenancy is unnecessary upon property transfer.
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....
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 tenants cannot deny the status of a landlord based on the agreed rent and must provide satisfactory evidence to support their claims.
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 judgment emphasizes the importance of regular rent payments and compliance with deposit rules by tenants, and it upholds the rights of illiterate landlords to property use.
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