SARATHA AMMAL Vs. GANIAPPA

JUDGEMENT

(1.) THESE revisions are by the landlord who filed eviction petition against the respondent herein as H.R.C.O.P. No.6 of 1987, on the file of Rent Controller, Tenkasi.

(2.) THE only ground on which the petition for eviction was filed was that there was default in payment of rent.

(3.) IN his counter-statement, the respondent has stated that there rival proceedings between the parties, and that he has also paid a sum of Rs. 1,200 as advance. It is stated that in October, 1978, rent was tendered, and the landlord accepted it. But thereafter the petitioner refused to issue receipt and, therefore he filed H.R.C.O.P. No.5 of 1979 for permission to deposit the rent in court, and the landlord filed H.R.C.O.P. No.6 of 1979, for eviction. As stated earlier, the landlord's petition was dismissed and the tenant's petition seeking permission to deposit the rent in court was allowed. He said that he has been depositing the rent regularly in court along with the statement he has also given the particulars of courts in which he has paid the amount. It is said that from December, 1978 to November, 1979. He has deposited the rent in R.C.O.P. No.5 of 1979. He has also deposited rent from December, 1979 to April, 1983 in R.C.O.P. No. 14 of 1979. The rent from May, 1983 to May, 1984 was deposited in R.C.O.P. No.22 of 1980 and that rent for the period from June, 1984 to July, 1987 has been deposited in H.R..C.O.P. No. 14 of 1979. He also said that rent for the month of August, 1989 has been paid in the present petition. According to him, he has deposited the entire rent that was due to the landlord and there was no default committed by him. He also said that landlord has disconnected electricity and the present application is liable to be dismissed since it is lacking in good faith.