ORDER

This petition has been filed against the fair and decreetal order dated 12.02.2019 made in RCA.No.6 of 2018 on the file of the Rent Control Appellate Tribunal/Principal Subordinate Judge, Kumbakonam, confirming the fair and decreetal order dated 23.03.2018 made in RCOP.No.3 of 2012 on the file of the Rent Controller (Principal District Munsif Court), Kumbakonam.

2.The respondent/landlord has filed the rent control original petition against the revision petitioner/tenant under Sections 10(2)(i), 10(3)(a)(i) and 14(1)(b) of the Tamilnadu Buildings (Lease & Rent Control) Act 18/1960, seeking delivery of possession of the building on the ground of wilful default and demolition and reconstruction and the same was allowed by the rent controller, against which, an appeal was filed by the revision petitioner and the same dismissed confirming the order passed by the rent controller, against which, this revision petition has been filed by the revision petitioner/tenant.

3.The case of the respondent/landlord is that originally, the petition mentioned property was purchased by way of registered sale deed dated 23.09.1970 by his mother and on the death of his mother on 16.03.1997, the respondent succeeded the estate of his mother Alima Beevi. The subject matter of the revision petition is the shop portion. The revision petitioner became the tenant of the said shop in the year 1998 and he had been running a medical shop in the petition mentioned property in the name and style of ''Krishna Medicals'' on a monthly rent of Rs.10,000/-. The advance amount said to be paid by the petitioner/tenant was Rs.25,000/-. According to the respondent/landlord, the tenancy was oral and according to English calendar month. The entire building bearing Door No.12 consists of ground floor, first floor with common pathway. The front portion measured about 20x15 feet in the ground floor is the subject matter of RCOP. The respondent/landlord filed RCOP on the ground of wilful default of rent and demolition and reconstruction.

4.The case of the petitioner/tenant is that oral agreement was entered into by the respondent/landlord and the rental agreement was prepared in the name of the mother of the respondent/landlord and the same was handed over to the petitioner/tenant and he is running business in the demised premises in the name and style of ''Krishna Medicals'' and agreed to pay the rent at Rs.2,000/- per month from 20.07.1998 and paid a sum of Rs.50,000/- as advance and according to the petitioner/tenant, now the rent has been increased from Rs.2,000/- to Rs.2,500/- and the petitioner/tenant has paid the same without any arrears. He would deny the arrears of rent as stated by the respondent/landlord in the rent control original petition. According to the petitioner/tenant, he had sent a sum of Rs.2,500/- towards rent for the month of January 2012 on 29.02.2012 through demand draft from the Bank of India, Kumbakonam and the respondent/landlord has also encashed the same. The rent for 14 months of a sum of Rs.35,000/- is deducted as against the advance amount of Rs. 50,000/- and the balance amount of Rs.15,000/- is with the respondent/landlord. According to the petitioner/tenant, there is no arrears of rent and therefore, there is no wilful default. The respondent/landlord has filed a petition in I.A.No.8/2012 under Section 11 of the Tamilnadu Buildings (Lease & Rent Control) Act, 18/1960 seeking arrears of rent of Rs.2,90,000/- for 29 months on the basis of rent of a sum of Rs.10,000/- per month, in which, an order was passed to pay a sum of Rs.92,500/- on the basis of the monthly rent of a sum of Rs. 2,500/- per month. The said amount was paid by the petitioner/tenant through the cheque dated 08.11.2013 drawn in Bank of Baroda, Kumbakonam bearing Cheque No.266408 and now the petitioner has been depositing a sum of Rs.2,500/- per month. According to the petitioner/tenant, in I.A.No.8/12, it is ordered to pay the rent for the subsequent period after deducti