J V BHOOPALAN Vs. RAJAMANI CKAMMAL

JUDGEMENT

(1.) THIS Revision Petition has been filed against the order dated 26.2.2003, made in R.C.A.No.134/1994 on the file of the rent control appellate authority-cum-II Addl.Sub Court, Coimbatore, confirming the order dated 18.8.1994 made in R.C.O.P.No.203/1990, on the file of the District Munsif-cum-rent control authority, Coimbatore.

(2.) THE tenant is the revision petitioner.

(3.) THE revision petitioner/tenant opposed the eviction petition on the ground that he was forced to deposit the monthly rent in court as the landlord refused to receive the rent. Similarly he was forced to deposit 2 or 3 months rent in the court as there were shortage of chalans for which he could not be held responsible. THE rent controller after going through the entire evidence held that the revision petitioner/tenant has failed to inform the landlord about the deposit of rent in the court and he has not explained with acceptable reason for depositing the rent into court. THE rent controller has further observed that the revision petitioner/tenant has proved the allegation that the landlord has refused to receive the rent when it was paid to him. THE rent controller after going through the register kept in the court for deposit of rent found that the rents were not properly deposited as and when it were due and the same was deposited with an interval of few months, that too at the convenience of the revision petitioner/tenant. THErefore the rent controller held that the revision petitioner/tenant has committed wilful default and passed an order of eviction.