S PANDIAN Vs. A G VELAYUDHAM

JUDGEMENT

(1.) THESE Revision Petitions have been filed by the petitioner against the common judgment dated 23. 11. 2005 rendered in R. C. A. No. 505 and 506 of 2004 on the file of the learned VII Court of Small Causes, Chennai, confirming the common order in R. C. O. P. No. 2077 2269/2003, on the file of the XIV Court of Small Causes, Chennai.

(2.) THE tenant is the revision petitioner in both the Civil Revision Petitions, filed against the common judgment made by the Rent Control Appellate Authority in R. C. A. Nos. 505 and 506 of 2004. The respondent/landlord filed R. C. O. P. No. 2077/2003 for evicting the revision petitioner from petition schedule premises on the ground that the tenant committed wilful default in payment of monthly rents from August 2003 to October 2003. The tenant filed a counter affidavit denying any wilfull default and contended that the rent was already paid for the month of August and September 2003 but the landlord did not issue any receipt for the rents. For the month of October 2003, the landlord refused to receive the rent when the rent was offered by him and therefore he sent a Money Order which was also refused by the landlord. Thereafter he issued a legal notice calling upon the landlord to specify a bank account so that he can deposit in the bank. Without specifying the bank account, RCOP has been filed by the landlord and before the Rent Controller, he remitted the rent for the month of October to December 2003 and the same was received by the learned counsel for the landlord. In such circumstances, there was no default at all as per the tenant.

(3.) THE tenant has also filed RCOP No. 2269/2003 to deposit the refused rent for the month of October 2003 and also the future rents in respect of the petition premises.