O R D E R

The present Civil Revision Petition has been filed to set aside the Fair and Decreetal Order of dismissal dated 17.07.2019 passed in R.C.A.No.10 of 2016 on the file of the learned Subordinate Judge, Vaniyambadi, Vellore District and set aside the fair and decreetal order dated 29.11.2016 passed in R.C.O.P.No.6 of 2014 on the file of learned Rent Controller / Principal District Munsif Court, Ambur, Vellore District.

2. The case of the petitioner / tenant is that the respondent /

landlord filed R.C.O.P.No.6 of 2014 on the ground of willful default. After receiving the entire arrears of differential amounts from the petitioner herein, the eviction process cannot be initiated by the respondent. The petitioner herein is paying the contractual monthly rent to the respondent ever since the date of inspection as the tenant and continued to pay the same even after initiation of proceedings and even during the Corona Pandemic.

3. It is the further case of the petitioner that he has got no legal knowledge and when the respondent filed petition for fixation of fair rent, the respondent tendered the rent fixed by the court, but the same was refused by the respondent, though she was continued collecting the contractual monthly rent and the respondent cannot now come and say that the petitioner is in mere default. The petitioner has been made to evict on the ground of willfull default and on the date of filing of the petition, there was no arrears of rent payable by the petitioner. Thereafter, the petitioner had preferred R.C.A.No.10 of 2016 on the file of Sub Judge, Vaniyambadi seeking to set aside the order passed in R.C.O.P.No.6 of 2014 dated 29.11.2016. The appellate court after considering the averments, counter averments and the judgment placed on either side had dismissed the said R.C.A.No.10 of 2016. Challenging the orders passed by the trial court as well as the appellate court, the petitioner is before this Court.

4. The case of the respondent/landlord is that she has filed R.C.O.P.No.6 of 2014 against the petitioner / tenant for eviction under Section 10(2)(i) of the Tamilnadu Building Lease and Rent Control Act, 1960. She had purchased the property under registered sale deeds dated 14.08.2003, 17.12.2003, 26.04.2004 and 28.04.2004 and that the petitioner, who is the tenant under the petition mentioned property had used the same for commercial business purpose and the petitioner is running a Textile Shop under the name and style of "Sri Ragavendra Silks Textiles" for a monthly rent of Rs.1,900/-. Aggrieved by the said low payment, the respondent / landlord earlier, filed R.C.O.P. No.4 of 2008 for fixation of fair rent and by order dated 23.12.2010, the said rent was enhanced to Rs.6,450/- by the Rent Controller and the petitioner / tenant filed an appeal R.C.A .No. 13 of 2011, which was heard and dismissed on 28.08.2012 and order of Rent controller on fixation of fair rent was confirmed. The petitioner herein had not preferred any revision or appeal against the said order passed in RCA and has not paid the enhanced rent amount to the respondent / landlord and the respondent had issued a legal notice dated 17.03.2014 claiming arrears of rent for the period from 11.01.2008 to 31.03.2014, which is for about 75 months, totalling an amount of Rs.3,41,250/- being the difference of the rent amount, as per the order passed by the Appellate court. Immediately, the petitioner sent a sum of Rs.3,41,250 /- to the respondent by way of demand draft, after being aware of the enhanced rent, the petitioner had failed to pay the differential rent and committed willful default in paying the differential amount, hence prayed for evicting the petitioner on the ground of willful default.

5. Further, the respondent before the court below had relied on various Judgments and stated that in a case where fair rent was not paid, a tenant had preferred an SLP against the order of High court, wherein the High Court has confirmed the order of eviction pa