ORDER

This Revision petition has been filed by the tenant questioning the order dated 05.09.2017 passed by the Rent Control Appellate Authority/Principal Sub Court, Chengalpattu in R.C.A. No. 6 of 2015, confirming the order dated 01.10.2015 passed by the Rent Controller/District Munsif, Chengalpattu in M.P.No. 3 of 2015 in R.C.O.P.

No. 8 of 2014.

2. The said Rent Control Petition had been filed by the landlord seeking eviction on the grounds of willful default in the payment of rent and requirement of the building for demolition and reconstruction.

3. For the sake of convenience, the parties shall be referred as landlord and tenant. The tenant is the Revision Petitioner.

4. It was the case of the landlord that the tenancy was with respect to a residential building in Door No. 4/6, Vallalar Street, NH-II, Maraimalar Nagar, Ninnakarai Village, Chengalpattu Taluk, Kanchipuram Taluk. The tenant had entered into tenancy with the landlord’s father in 1994. The monthly rent was originally fixed at R.400/-, and on the date of filing the petition had been revised to Rs.2,500/-. There were arrears in the payment of rent, and the landlord’s father had requested the tenant to vacate after paying the arrears from November 2011 to April 2014, amounting to Rs. 75,000/-. The tenant however filed O.S. No. 469 of 2014 before the District Munsif Court, Chengalpattu, seeking protection from dispossession except by due process of law. The property was then settled on the landlord by his father in 2014. The landlord then issued a notice dated 30.05.2014 calling upon the tenant to pay the arrears of rent and also to pay the fair rent for the property. The landlord filed R.C.O.P. No. 8 of 2014, on the file of the Rent Controller/District Munsif, Chengalpattu for fixation of fair rent. It was further stated that the building was nearly 30 years old and the landlord intended to demolish the building and up flats. It is under these circumstances that the petition was filed seeking eviction on the grounds of willful default in the payment of rent and requirement of the premises for demolition and reconstruction.

5. A counter was filed by the tenant placing the blame on the landlord for not having demanded and collected the rents from November 2011 onwards. He denied the default was willful. He also claimed that he had renovated the concrete roof of the building. He claimed that the landlord demanded Rs.24,300/- to be paid as monthly rent. He claimed that an attempt was made to forcibly evict him, necessitating him to file a suit to protect possession. He claimed that the building was not required for demolition and claimed that the said reason was only a ruse to evict him from the premises. He stated that the petition should be dismissed.

6. Pending the petition, the landlord filed M.P. No. 3 of 2015 u/s

11(4) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 seeking a direction against the tenant to pay the arrears of rent from November 2011 to January 2015 amounting to Re. 97,500/-, failing which to stop all further proceedings and direct eviction.

7. A counter was filed denying that the arrears was willful. The same contentions as raised in the counter filed to the Rent Control Petition were again stated.

8. The Petition was taken up for consideration by the Rent Controller/District Munsif, who by order dated 01.10.2015 allowed the petition and directed the tenant to pay the rental arrears from November 2011 to September 2015 amounting to Rs.1,17,500/- at Rs.2,500/- per month for 47 months. It was specifically observed that the tenant had not produced any evidence to show even tender of rents, much less pay the same. It was held that the default was willful. Time was granted till 09.10.2015 to pay the arrears of rent, failing which it was observed that further proceedings would be stopped and eviction ordered. The tenant did not comply with the direction.

9. The tenant filed R.C.A. No. 6 of 2015 questioning the order which came up for consideration