R ANGAPPAN Vs. A G SRINIVASAN

JUDGEMENT

(1.) These two Revision Petitions arise out of a common order passed in RCOP Nos.20 of 1994 and 4 of 1995 and the connected appeals in RCA Nos.2 and 3 of 1997 respectively.

(2.) The petitioner herein is the tenant in both the revisions. The respondents herein preferred PCOP No.20 of 1994 for an order of eviction against the petitioner/tenant on the ground of wilful default and owner's occupation under Sections 10(2)(i) and 10(3)(a)(i) of the Tamil Nadu Buildings (Lease and Rent Control) Act (18 of 160) (hereinafter referred to as 'the Act'). RCOP No.4 of 1995 was preferred by the petitioner under Section 8(5) of the Act for grant of permission to deposit the rent into the Court due for the months of October and November, 1994 and also for subsequent months and continue to deposit the future rents. The learned Rent Controller in RCOP 20 of 1994, ordered eviction against the petitioner on the ground of wilful default while rejecting the claim of the landlord for owner's occupation. RCOP No.4 of 1995 preferred by the petitioner/tenant was dismissed by the learned Rent Controller in view of the order of eviction passed in RCOP 20 of 1994. The lower Appellate Authority also confirmed the order of eviction ordered by the Rent Controller.

(3.) As far as the petitioner's application in RCOP No.4 of 1995 was concerned, the lower Appellate Authority was of the view that the same was not maintainable inasmuch the same came to be filed after the filing of RCOP No.20 of 1994.