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CASE NO.:

Appeal (civil) 4053 of 2006

PETITIONER:

Maragathammal

RESPONDENT:

Kamalammal

DATE OF JUDGMENT: 11/09/2006

BENCH:

Ashok Bhan & Markandey Katju

JUDGMENT:

JUDGMENT

MARKANDEY KATJU, J.

Leave granted.

This appeal has been filed against the Judgment dated 30.2.2004 passed by

the Madras High Court in CRP Nos. 1981 and 1982 of 2000.

Heard the learned counsel for the parties and perused the record.

The impugned judgment of the Madras High Court was delivered in two

revisions arising out of eviction order by the Rent Controller and an

application filed under Section 11 of the Tamil Nadu Buildings (Lease and

Rent Control) Act, 1960 (hereinafter referred to as "the Act") dated

9.11.1995 and the consequential order dated 22.3.1996.

The appellant herein filed R.C.O.P. No.162 of 1992 against the respondent

for eviction on the grounds of willful default, demolition and

reconstruction and also subletting. The respondents premises is a non-

residential one and the monthly rent is stated to be Rs. 650/-. According

to the appellant, the respondent failed to pay the rent from March 1990 to

1997 apart from having sublet the premises. It was also claimed that the

building required demolition and reconstruction. According to the

respondent, the rents were paid regularly till June 1992 and the first

appellant refused to receive the rents from the month of July 1992 as he

demanded an enhanced rent. It was also claimed that the rents from the

month of July 1992 were deposited in a bank account. The respondent also

contended that the requirement of demolition and reconstruction was not

bona fide. While the main R.C.O.P. was pending the first appellant filed an

application vide I.A. No.523 of 1993 under Section 11 of the Act in which

an order was passed on 9.11.1995, directing the respondent to deposit the

entire admitted arrears of rent into court on or before 22.11.1995 failing

compliance of which the respondent’s defence would be struck off. The

respondent is stated to have filed a lodgment schedule on 21.11.1995, as

disclosed from the court seal found in the copy of the lodgment schedule

filed by the respondent. In the said lodgment schedule, the respondent

wanted to deposit the rents from the months of June 1992 onwards up to

October 1995, in all, a sum of Rs.26,650/- covering 41 months. The said

lodgment schedule came to be considered and issue of challan for depositing

the sum of Rs.26,650/- was ordered only on 29.11.1995.

In the above stated circumstance, the Rent Controller passed orders on

1.12.1995 holding that the respondent failed to deposit the admitted

arrears in spite of ample opportunities extended to her and, therefore, her

defence stood struck off and the I.A. was allowed. In view of the order

passed in the said I.A. No.523 of 1993, the Rent Controller also passed an

order in the main R.C.O.P. itself on 22.3.1996 ordering eviction. As

against the above said orders, the respondent preferred R.C.A. Nos. 63 of

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1997 and 96 of 1998. R.C.A. No.63 of 1997 is the appeal preferred against

the order passed in I.A. No.523 of 1993. In fact, the respondent is stated

to have filed the said appeal belatedly and for that purpose I.A. No.22 of

1996 in R.C.A. CFR No.27 4 of 1996 was filed on her behalf to condone the

delay in filing the appeal. In the said I.A. No.22 of 1996, the appellate

authority directed the respondent to deposit the arrears of rent from June

1992 to July 1997, in all, a sum of Rs.39,650/- on or before 16.7.1997. The

order in I.A. No.22 of 1996 was passed on 8.7.1997. The respondent also

deposited the sum of Rs.39,650/- on 14.7.1997. Thereafter, the appeal came

to be numbered as R.C.A. No.63 of 1997. Both the appeals were disposed of

by a common order dated 4.7.2000.

Against the appellate’s order dated 4.7.2000, two Revision Petitions were

filed before the Madras High Court, which were disposed of by the imp