LAWS(MAD)-2008-11-62

K MAHESWARI Vs. ASHWANI KUMAR

Decided On November 24, 2008
K. MAHESWARI Appellant
V/S
ASHWANI KUMAR Respondents

JUDGEMENT

(1.) THIS civil revision petition arises out of an order passed by the Rent Controller under Section 11 (3) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, (hereinafter referred to as the "act") and modified by the appellate authority under Section 23 of the Act.

(2.) HEARD Mr. A. Venugopal, learned counsel appearing for the petitioner and Mr. Samir Shah, learned counsel appearing for the respondent.

(3.) THE petitioner filed R. C. O. P. No. 1108 of 2004 on the file of the Rent Controller against the respondent herein seeking eviction on the grounds of willful default and acts of waste. The period of default complained of was from March, 2004 to May, 2004, totally amounting to Rs. 1,41,000/- calculated at the rate of the admitted rent of Rs. 47,000/- per month. In the counter to the eviction petition, the respondent did not deny non-payment of the rent. The respondent took a stand that certain modifications and alterations to the building were carried out by him and that by consent the rent payable for the period was set off.